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HomeMy WebLinkAboutCity Council Packet July 12, 2016City Council City of Lake Elsinore Regular Agenda LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 BRIAN TISDALE, MAYOR ROBERT MAGEE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER STEVE MANOS, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER Cultural Center7:00 PMTuesday, July 12, 2016 CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM The City of Lake Elsinore appreciates your attendance. Citizens’ interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City ’s website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CITY VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. Page 1 City of Lake Elsinore Printed on 7/7/2016 July 12, 2016City Council Regular Agenda CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION 1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Leibold v. Coon Superior Court Case No. RIC 1603718 2) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Coon v. Leibold Superior Court Case No. RIC 1603819 3) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Western Riverside Council of Government vs. City of Lake Elsinore Arbitration - REF# 1120012917 [AALRR-Cerritos.006243.00005] 4) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Gov’t Code Section 54956.9: 2 potential cases PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION – MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT/CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS CITY MANAGER COMMENTS PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) Page 2 City of Lake Elsinore Printed on 7/7/2016 July 12, 2016City Council Regular Agenda CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) 1)Approval of the Minutes - Regular and Special Meeting of May 26, 2015 Recommendation:Approve the minutes of May 26, 2015 5-26-2015 CC Special 5-26-2015 CC Attachments: 2)Approval of Consultant Services Contract with Carole Donahoe to Provide Specialized Planning Services for Fiscal Year (FY) 2016-2017 Recommendation:Authorize the City Manager to enter into a Consultant Services Contract with Carole Donahoe for the provision of specialized planning services to the City of Lake Elsinore during FY 2016-2017 in an amount not to exceed $50,000 in such final form as approved by the City Attorney. Donahoe - SR Donahoe - Exhibit A Draft Contract Attachments: 3)Approval of CDBG Supplemental Agreement for 2016-2017 Program Year Recommendation:Authorize the Mayor to execute the Supplemental Agreement between the County of Riverside and the City of Lake Elsinore for the Use of 2016-2017 Community Development Block Grant Funds. CDBG Supplemental Agreement - SR CDBG Supplemental Agreement - Agreement Attachments: 4)Amendment No 2 to Contract with Bureau Veritas for Plan Check Services Recommendation:Authorize the Mayor to execute Amendment No. 2 to the Bureau Veritas Professional Services Agreement for plan check services. BV - SR.pdf BV - Exhibit A Amendment No 2 BV - Exhibit B Amendment No 1 BV - Exhibit C Agreement Attachments: 5)Professional Services Agreement for Environmental Documentation for the Central Plaza Project Recommendation:Authorize the City Manager to enter into a contract with Albert A. Webb Associates to prepare the California Environmental Quality Act (CEQA) compliance documents for the Central Plaza project in an amount not to exceed $36,200. Centrral Plaza CEQA Agreement - SR Central Plaza CEQA Agreenebt - Exhibit A Agreement Attachments: 6)Warrant List Dated June 30, 2016 Recommendation:Receive and File the Warrant List dated June 30, 2016. Page 3 City of Lake Elsinore Printed on 7/7/2016 July 12, 2016City Council Regular Agenda Warrants - SR 7-12-16 Warrants - Exhibit A Summary 06 30 16 Warrants - Exhibit B List 06 30 16 Attachments: 7)Resolution to Approve Placing Delinquent Refuse Bills on FY 2016-2017 Tax Roll Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS; and, instruct Staff to file with the Riverside County Auditor a certified copy of the Resolution along with the 120-days past due accounts report. 2016 CR&R Delinquent Refuse - SR 2016 CR&R Delinquent Refuse - Exhibit A Reso 2016 Delinquent Refuse - Exhibit B Attachments: 8)Resolution to Approve Placing Delinquent Weed Abatement Invoices on Tax Roll for FY 2016-2017 Recommendation:adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE 2016 WA Tax Roll - SR 2016 WA Tax Roll - Exhibit A Reso 2016 WA Tax Roll - Exhibit B Delinquent Accounts Attachments: 9)Amendment No. 6 to Professional Services Agreement (PSA) with Sustainable Civil Engineering Solutions (SCES) for Funding Fiscal Year (FY) 2016/2017 Plan Check and Project Management /Coordination Services Recommendation:Authorize the Mayor to execute Amendment No. 6 in an amount of $200,000; and, appropriate funds from FY 2016-17 budgeted Public Works Engineering Division Professional Services and Capital Improvement funds as appropriate. SCES- SR SCES - Exhibit A Amendment 6 SCES- Exhibit B- Agreement Attachments: 10)Award of Public Works Construction Agreement for the Rosetta Canyon Bike Lanes Striping Project, Project No. Z10029 Recommendation:1. Award the Public Works Construction Agreement for the Rosetta Canyon Bike Lanes Striping Project to Cal Stripe, Inc.;and, 2. Approve and authorize the City Manager to execute the Agreement in the amount of $66,747.50 to Cal Stripe, Inc. in such final form as approved by the City Attorney; and, 3. Authorize the City Manager to execute change orders not to exceed the 15% Page 4 City of Lake Elsinore Printed on 7/7/2016 July 12, 2016City Council Regular Agenda contingency amount of $10,012 for adjustment in bid quantities; and, 4. Authorize the City Engineer to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City’s maintained system. Cal Stripe Inc - SR Cal Stripe Inc - Exhibit A Agreement Attachments: 11)Resolutions Confirming Fiscal Year 2016-17 Special Taxes for Community Facilities Districts and Assessment Districts Recommendation:1. adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW FOR FISCAL YEAR 2016-17; and, 2. adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO. 93-1 (COTTONWOOD HILLS) FOR FISCAL YEAR 2016-17 Confirming Tax Levy - SR Confirming Tax Levy - Exhibit A Reso CFD Confirming Tax Levy - Exhibit B Reso Asst District 93-1 Attachments: RECESS TO SUCCESSOR AGENCY PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next Regular meeting on Tuesday, July 26, 2016. The Closed Session will be held at 5:00 p.m. and the Regular meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall on July 7, 2016, at ___________ p.m. __________________________ Susan M. Domen, MMC City Clerk Page 5 City of Lake Elsinore Printed on 7/7/2016 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-291 Agenda Date: 7/12/2016 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 1) Page 1 City of Lake Elsinore Printed on 7/7/2016 City of Lake Elsinore City Council Special Meeting Minutes Tuesday, May 26, 2015 CALL TO ORDER 5:00 P.M. A Special Meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 5:00 p.m. by Mayor Manos. ROLL CALL Members Present: Hickman, Magee, and Johnson, Mayor Pro Tem Tisdale, and Mayor Manos 1) Budget Workshop Presentation – Fiscal Year (FY) 2015-16 Preliminary Annual Operating Budget Including the FY 2015-16 Capital Improvement Plan Administrative Services Director Simpson provided a presentation on the proposed operating budget; reviewing sales tax revenues, property values, population, unemployment rate, FY 2015-16 general fund revenues, appropriations, and the economic uncertainty reserve. There was no response to the Mayor’s invitation for Public Comment. Senior Management Analyst Dailey and City Manager Yates responded to Councils’ questions explaining that funds for the Audio/Visual (AV) services for the State of the City and other City events had been combined to facilitate a retainer that would allow more AV services for other City events; the City has not received any letters requesting support from any community service organizations, however, the $30,000 for Community Support is proposed to remain in the budget. Council Member Magee requested that the budget include the total amounts of police patrol hours and sworn officers that are provided for the City; and, suggested that the fish stocking budget be increased by an additional $20,000 to $25,000 and the $49,000 for the 4th of July event be reduced. Per Council request, Senior Management Analyst Daileyprovided and update on the Automated External Defibrillators (AED) program noting that the City would donate $2,000 this year; and, the program has raised $10,000 to date. Director Simpson explained the increases in sales tax and property tax; and, the creation of internal service funds allocated to support costs, services, and maintenance for each department. He clarified the reallocation of $60,500 from Advertising and Promotion to the Community Support and AV Services. Director Simpson responded to Council’s concerns regarding the allocation for Economic Development and noted that updated schedules had been distributed which shows an increased amount of $484,000 for Economic Development; $160,000 for Consultant Services; and allocated 20% for the City Manager’s, Administrative Services Director’s and Community Development Director’s time. CC MINUTES 5-26-15 PAGE 2 OF 3 City Manager Yates addressed questions regarding the Landscape Lighting and Maintenance District (LLMD) and explained that the Riverside Council of Governments (RCOG) is taking a lead on a project in which regional cities will take control of the street lights and save a significant amount of money in the process of managing that program. In response to Council questions in regards to the cost of buoys on the lake, Director Simpson explained there are over 100 buoys on the lake and the cost is for repairs. There was Council discussion on the development and implementation of an economic development plan that would sustain the growth of the City; public safety investment and cutting down on sworn officers for cost savings in the budget; and cost increases for public safety caused by public safety union. In response to increasing Lake funds for the placement of lifeguards at beaches, City Manager Yates responded that the City will be placing signs at the lake and conducting education programs at this time; and noted that a City Managers’ group had been meeting for the past nine months to address cost increases for public safety. Administrative Services Director Simpson provided a Power Point presentation on the proposed Capital Improvement Projects. There were no members of the public responding to the Mayor’s invitation to speak. Director Simpson responded to a Council inquiry regarding the use of Flood Control funds or Development Impact Fees being used for the Arroyo Del Toro Drainage Phase II stating that the City will contribute $760,000 and the project is essentially funded through the Riverside Flood Control. City Manager Yates provided status of the following projects: Third Street Drainage; mountain bike course that needs more topography; and stated that staff is reviewing the unused funds of the discontinued fish hatchery for issues at the campground site. Council made the following requests: property that KB Homes gave away be used for a trail and dog park element; completion of the median and signs on Collier Street; completion of street repairs on Avenue 6 near Railroad Canyon Elementary School; and improved Holiday event on Main Street and a more robust Christmas tree. ADJOURNMENT There being no further business to come before the Council, the Special meeting was adjourned at 6:35 p.m. _________________________________________________________________ Robert E. Magee Susan M. Domen, MMC Mayor Pro Tem City Clerk City of Lake Elsinore City Council Regular Meeting Minutes Tuesday, May 26, 2015 CALL TO ORDER A regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 7:04 p.m. by Mayor Manos. PLEDGE OF ALLEGIANCE Pete Dawson of the Lake Elsinore Marine Search and Rescue, led the Pledge of Allegiance. INVOCATION – MOMENT OF SILENT PRAYER Mayor Manos requested a moment of silence. ROLL CALL Present: Hickman, Magee, and Johnson, Mayor Pro Tem Tisdale, and Mayor Manos Absent: None PRESENTATIONS / CEREMONIALS Presentation by H.O.P.E. -Ron Hewison; Steve Faulk, Executive Director of Community Mission Hope dba of Rancho Community Church; Scott Treadway, Lead Pastor of Rancho Community Church; and Pastor Cameron Lemons presented a presentation on H.O.P.E. PUBLIC COMMENTS – NON-AGENDIZED ITEMS Appearing to speak were: Sharon Galina and Kerie Reuther CONSENT CALENDAR It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried, to approve the Consent Calendar. Item Nos. 7, 8 and 9 were removed from the consent calendar by Council Member Magee for purposes of discussion and are listed under Reports below. 2) Warrant List dated May 14, 2015 – received and filed. 3) Investment Report for April 2015 – received and filed. 4) Supervisory Control and Data Acquisition (SCADA) System for Lake Destratification System Authorized the City Manager to execute an agreement with Systems Integrated in the amount of $54,000 and annual maintenance/technical support in an amount not to exceed $4,800 per year. CC MINUTES 5-26-15 PAGE 2 OF 8 5) Application and Acceptance of the Homeland Security Grant Program for Fiscal Year (FY) 2015/2016 (HSGP-15) - Authorized the application and accepted the Emergency Services Grant for FY 2015/2016 HSGP15 from the California Office of Emergency Services (Cal-OES). 6) Acceptance of the Emergency Management Performance Grant for Fiscal Year (FY)2015/2016 (EMPG 15) - Accepted the EMPG15 from the California Office of Emergency Services (Cal-OES) for FY 2015/2016; and authorized revenue appropriation of $15,619 to Emergency Services Grant Revenue fund. 10) Authorization for Street Closure - Ceremony for Mary McDonald and Jon Serl -Authorized the temporary street closures on May 30, 2015, from 10:00 a.m. to 2:00 p.m. on Main Street from Heald Avenue to Riley Street. 11) Agreement for Public Works Construction Award - Project No: Z10008, "FY 2014-2015 Citywide Pavement Rehabilitation Program Phase 2" - Awarded an agreement to Hardy & Harper, Inc., in the amount of $771,750.32; authorized the City Manager to execute the; authorized the City Manager to execute change orders not to exceed the 15% contingency amount of $115,763; and authorized the Director of Public Works to record the Notice of Completion once the work is complete and the improvements are accepted into the City's maintained system. 12) Third Amendment to the License Agreement for Use of City Facility by Planet Youth - Approved the amendment and authorized the City Manager to execute the document. 13) Approve and Authorize the City Manager to Execute a Contract Services Agreement Between Maples and Associates and the City of Lake Elsinore - Approved and authorized the City Manager to execute an agreement in an amount of $110,297.00 for information technology room and office improvements. 14) Award Professional Services (PSA) Agreement for Camino Del Norte Roadway Improvement - Awarded a PSA to Sustainable Civil Engineering Solutions; and, approved and authorized the City Manager to execute the Agreement in the amount of $248,180. ITEMS REMOVED FROM THE CONSET ITEMS 7) Commercial Design Review 2014-14 - A Request for Approval of Building Designs for the Development of a 7,751 Square-foot Golden Corral Restaurant and Ancillary Improvements on 2.03 acres Generally Located at the Southwesterly Corner of Dexter Avenue and 3rd Street Council Member Magee thanked Kim Cousins, of the Lake Elsinore Chamber of Commerce and staff for bringing the Golden Corral Restaurant to the City. It was moved by Council Member Magee, seconded by Mayor Pro Tem Tisdale, and unanimously carried, to adopt the Resolutions: Resolution No. 2015-038: A RESOLULTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT COMMERCIAL DESIGN REVIEW NO. 2014-14 IS CONSISTEN WITH THE RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN; and, CC MINUTES 5-26-15 PAGE 3 OF 8 Resolution No. 2015-039: A RESOLUTION OF CITY COUNCUL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF COMMERCIAL DESIGN REVIEW NO. 2014-14 FOR THE DEVELOPMENT OF A NEW 7,751 SQUARE FOOT RESTAURANT AND ASSOCIATED IMPROVEMENT FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWESTERLY CORNER OF DEXTER AVENUE AND 3RD STREET. 8) Professional Services Agreement (PSA) with T & B Planning for the Preparation of California Environmental Quality Act (CEQA) Compliance Documents for the Nichols Mine Expansion It was moved by Council Member Magee, seconded by Mayor Pro Tem Tisdale, and unanimously carried, to authorize the City Manager to enter into a PSA with T&B Planning in an amount not to exceed $144,890. 9) Residential Design Review No. 2015-01 - A Request by Ryland Homes for Approval of Building Designs for 70 Single-Family Detached Residential Units Including a New Model Home for Plan 3 in an Existing Model Home Complex and Related Improvements, Located Within Tract 31920-12 of the Summerly Development of the East Lake Specific Plan Community Development Director Taylor and Ryan Green, Vice-President of Ryland Homes responded to Council questions confirming that there is a disclosure of noise regarding the nearby race track for the homes being sold; and, drought tolerant landscaping is being utilized. It was moved by Council Member Magee, seconded by Mayor Pro Tem Tisdale, and unanimously carried, to adopt the Resolutions. Resolution No. 2015-040: A RESOLULTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT RESIDENTIAL DESIGN REVIEW NO. 2015-01 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. Resolution No. 2015-041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2015-01 FIR BUILDING DESIGNS FOR 70 SINGLE-FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TRACT NO. 31920-12, LOCATED IN THE SUMMERLY DEVELOPMENT EAST LAKE SPECIFIC PLAN. PUBLIC HEARING(S) 15) Tentative Tract Map No. 36682, Zone Change No. 2014-01 and Residential Design Review No. 2014-01 - The Proposed Subdivision of 20.2 Acres; a related zoning change from R-E (Estate Single-Family Residential) to R-1 (Single-Family Residential) and Proposed Building Designs and Related Improvements for the "Meadow Ridge II" Project The Public Hearing was opened at 7:25 p.m. by Mayor Manos. Planning Manager MacHott presented the Staff Report reviewing the Conditions of Approval. Appearing to speak were: Greg Menzel and Michele Hannah, Deputy General Counsel of the Pechanga Band of Luiseno Indians. CC MINUTES 5-26-15 PAGE 4 OF 8 There being no further response to the Mayor’s invitation to speak, the Public Hearing was closed at 7:37 p.m. Planning Manger MacHott, Interim Public Works Director Smith and Mike Taylor, Pardee Homes Representative, responded to questions from the Council explaining that: the trail easement is on the northern side of the Holland Road alignment, the City of Menifee has expressed concerns about the project and further information is required to do the final alignment. Council Member Magee requested to add the language “Consultation with the Pechanga Tribe shall occur in agreement by both Cities prior to the improvement plan approval” to the last sentence of Condition No. 84. In response to Council questions, Planning Manager MacHott explained that the initial Environmental Impact Report study did not discuss trails as part of this project, because the City is only providing a potential easement, not constructing a trail; the 75% rule for a buffer next to rural property is not a mandate; the one story homes are on the edge of the project properties; Pardee has worked on storm drainage improvements and provided funding to the City for the improvements of Corydon Road; and, the zoning change is required to ensure the City is legally compliant with having zoning consistent with the General Plan. It was moved by Mayor Manos, seconded by Council Member Hickman, and carried noting the dissention of Council Member Magee, to adopt the Resolution. Resolution No. 2015-042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2015-03 FOR ZONE CHANGE NO. 2014-01, TENTATIVE TRACT MAP NO. 36682, AND RESIDENTIAL DESIGN REVIEW NO. 2014-01. It was moved by Mayor Manos, seconded by Mayor Pro Tem Tisdale, and carried noting the dissention of Council Member Magee, to adopt the Resolution. Resolution No. 2015-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR ZONE CHANGE NO. 2014-01, TENTATIVE TRACT MAP NO. 36682, AND RESIDENTIAL DESIGN REVIEW NO. 2014-01. It was moved by Mayor Manos, seconded by Mayor Pro Tem Tisdale, and carried noting the dissention of Council Member Magee, to waive further reading and introduce by title only the Ordinance. Introduced Ordinance No. 2015-1338: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING ZONE CHANGE NO. 2014-01 FOR 20.2 ACRES LOCATED ON THE SOUTH SIDE OF HOLLAND ROAD, EAST OF HERMOSA DRIVE AND ON THE NORTH SIDE OF CORSON AVENUE. It was moved by Mayor Manos, seconded by Council Member Hickman, and carried noting the dissention of Council Member Magee, to adopt the Resolution. After the vote, City Attorney Leibold clarified the motion included the proposed modification to Condition Number No. 84. CC MINUTES 5-26-15 PAGE 5 OF 8 Resolution No. 2015-044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 36682, TO SUBDIVIDE 20.2 ACRES LOCATED ON THE SOUTH SIDE OF HOLLAND ROAD, EAST OF HERMOSA DRIVE AND ON THE NORTH SIDE OF CORSON AVENUE. It was moved by Mayor Manos, seconded by Council Member Johnson, and carried noting the dissention of Council Member Magee, to adopt the Resolution. Resolution No. 2015-045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2014-01 PROVIDING BUILDING DESIGNS FOR 82 SINGLE-FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS FOR TENTATIVE TRACT MAP NO. 36682. 16) Annexation No. 83 (Nichols Road Annexation) and Zone Change No. 2014-02 -Applications to Pre-Zone and Commence Annexation Proceedings for 666.66 Acres Consisting of Eight Undeveloped Parcels and Temescal Canyon High School, Located North and South of Nichols Road and Generally Bounded by Interstate 15 to the West and South, and El Toro Road to the East into the City of Lake Elsinore The Public Hearing was opened at 8:06 p.m. by Mayor Manos. Planning Manager MacHott presented the Staff Report. Appearing to comment was: Paulie Tehrani. There being no further response to the Mayor’s invitation to speak, the Public Hearing was closed at 8:12 p.m. Planning Manger MacHott, responded to questions from the Council explaining that the high school is being annexed so that the property line would be straight; and, that the minimum lot size is 12,000 square feet. It was moved by Mayor Manos, seconded by Council Member Hickman, and unanimously carried, to adopt the Resolution. Resolution No. 2015-046: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING ADDENDUM #1 TO GENERAL PLAN UPDATE RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR ANNEXATION NO. 83 AND ZONE CHANGE NO. 2014-02. It was moved by Council Member Johnson, seconded by Council Member Hickman, and unanimously carried, to waive further reading and introduce by title only the Ordinance. Introduced Ordinance No. 2015-1339: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2014-02 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO COMPLETION OF ANNEXATION NO. 83. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried, to adopt the Resolution. CC MINUTES 5-26-15 PAGE 6 OF 8 Resolution No. 2015-047: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE COMMENCING PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 83 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. 17) General Plan Amendment No. 2014-03 - Amending the Circulation Element of the City of Lake Elsinore General Plan to Redesignate Spring Street, Between Collier Avenue and Flint Street and to Remove Diamond Circle and Replace it with the Existing Pete Lehr Drive and its Extension to Malaga Road; and, Diamond Specific Plan Amendment No. 1 - Amending the Specific Plan in Order to Replace Diamond Circle with the Existing Pete Lehr Drive and its Extension to Malaga Road, Redesignate Diamond Stadium as "Stadium Use" and Remove the Requirement for a Conditional Use Permit for Various Uses The Public Hearing was opened at 8:18 p.m. by Mayor Manos. Community Development Director Taylor presented the Staff Report explaining the amendments to the Circulation Element of the Lake Elsinore General Plan and the Diamond Specific Plan. There being no response to the Mayor’s invitation to speak, the Public Hearing was closed at 8:25 p.m. It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Johnson, and unanimously carried, to adopt the Resolution. Resolution No. 2015-048: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2014-03, AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE LAKE ELSINORE GENERAL PLAN It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried, to waive further reading and introduce by title only the Ordinance. Introduced Ordinance No. 2015-1340: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING AMENDMENT NO. 1 TO THE DIAMOND SPECIFIC PLAN BUSINESS ITEM(S) 18) Second Reading and Adoption of Ordinance No. 2015-1337 Approving the Amendment to the Municipal Code Regarding Parks and Beaches City Clerk Bloom presented the staff report. It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Johnson, and unanimously carried, to waive further reading and adopt the Ordinance. Ordinance No. 2015 -1337: AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 8.40.040 OF CHAPTER 8.40 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKS AND BEACHES CC MINUTES 5-26-15 PAGE 7 OF 8 19) Appointments to the City's Public Safety Advisory Commission Council Member Magee presented staff the report and Subcommittee recommendation to nominate Chris Hyland and Dennis “Jay” Stewart to the Public Safety Advisory Commission. It was moved by Mayor Manos, seconded by Council Member Johnson, and unanimously carried, to appoint Chris Hyland and Dennis “Jay” Stewart to the Public Safety Advisory Commission. RECESS/RECONVENE The meeting recessed at 8:33 p.m. to the Successor Agency meeting and reconvened at 8:34 p.m. with all members present. PUBLIC COMMENTS – NON-AGENDIZED ITEMS There was no response to the Mayor's invitation for public comment. CITY MANAGER COMMENTS There were no Comments from the City Manager. CITY ATTORNEY COMMENTS There were no comments from the City Attorney. CITY COUNCIL COMMENTS Council Member Hickman announced that Edison and the California Public Utilities are going to install utility towers on Third Street; and, noted the Memorial Day Services was an excellent event. Council Member Johnson reported the City’s Economic Development team and the water district attended the ICSC 2015 Conference; congratulated Mayor Manos for his speech at the memorial service; recognized a local Girl Scout Troop for spending their cookie funds to purchase and replace flags that were stolen and placed the new flags on the headstones; and, announced there will be an art show at the Women’s’ Club on June 15th. Council Member Magee announced the Historical Society will host a ceremony in recognition of Mary J. McDonald and Jon Serl on Saturday, May 30 th; recognized the City’s Dream Team for their representation at the ICSC 2015 conference; and, recognized staff for the general plan amendments presented this evening. Mayor Pro Tem Tisdale thanked staff for their hard work and Mayor Manos and Council Member Johnson for their hard work at the ICSC 2015 conference. Mayor Manos announced ribbon cutting ceremonies for new playground equipment at Summer Lake Park and Machado Park; the NCAA 2015 Baseball Championship will be held at the Diamond Stadium on May 29 -31; the Just for Kids Fishing Derby on Saturday; and the Lucas Oil Off-Road Racing nation championship on May 30 – 31. Mayor Manos recognized the VFW and the American Legion Post 200 on an outstanding Memorial Day ceremony. CC MINUTES 5-26-15 PAGE 8 OF 8 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:51 p.m., to the next Regular meeting on Tuesday, June 9, 2015, in the Cultural Center at 183 North Main Street. ____________________________________________________________________ Robert E. Magee Susan M. Domen, MMC Mayor City Clerk Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-292 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 2 File Type: ReportIn Control: City Council Agenda Number: 2) Page 1 City of Lake Elsinore Printed on 7/7/2016 REPORT TO CITY COUNCIL TO:Honorable Mayor and Members of the City Council FROM:Grant Yates, City Manager DATE:July 12, 2016 SUBJECT:Approval of Consultant Services Contract with Carole Donahoe to Provide Specialized Planning Services for Fiscal Year 2016-2017 Recommendation Authorize the City Manager to enter into a Consultant Services Contract with Carole Donahoe for the Provision of specialized planning services to the City of Lake Elsinore during Fiscal Year 2016-2017 in an amount not to exceed $50,000 in substantially the form attached and in such final form as approved by the City Attorney. Background The City of Lake Elsinore has been utilizing contract personnel to assist with specialized planning duties in the Community Development Department for a number of years. During past years, contract planners have managed a full range of projects that include, but are not limited to, annexations, zone changes, Specific Plans and Specific Plan Amendments, General Plan amendments, commercial/industrial design review, subdivisions (tentative tract/ parcel maps), conditional use permits, minor design reviews, and CEQA review. Next fiscal year (FY) the Planning Division will be working towards completion of the multiple Advanced Planning projects including an amendment of the East Lake Specific Plan, updates of the City’s General Plan and the Downtown Master Plan, and Dream Extreme Vision 2040. Ms. Donahoe will assist in the completion of these tasks. She will also perform other planning duties, including project review, on an as needed basis. Discussion Agreements for contract Planning Staff generally coincide with the City’s budget cycle. The subject Professional Service Contract, if approved, would cover Fiscal Year (FY) 2016/2017. The City’s established rate for contract planners is $75.00 per hour, which is consistent with the market rate for contract services. Ms. Donahoe brings many years of experience working with the City, during which time she has established professional relationships with the development community and City Staff. Based on her experience and her successful completion of the Consistency Zoning Project, staff believes Consultant Services Contract July 12, 2016 Page 2 of 2 that Ms. Donahoe has the specialized experience necessary to complete pending Advanced Planning projects and other planning duties that may be assigned during FY 2016/2017. Fiscal Impact Any duties assigned to Ms. Donahoe that are billable through the developer deposit Cost Recovery System (CRS) for the development projects will have minimal fiscal impact to the City. However, most Ms. Donahoe’s work during FY 2016/2017 will be on department-initiated Advanced Planning projects which are not related to Cost Recovery System (CRS) accounts. The cost of this department-initiated work has been included in the City Council approved budget for FY 2016-2017 as an appropriation of $50,000 for a Planning Consultant. Prepared by:Richard J. MacHott Planning Manager Reviewed by:Grant Taylor Community Development Director Approved by:Grant Yates City Manager Attachment: A. - Draft Consultant Services Contract. CONTRACT DATE OF JULY 1, 2016 CONSULTANT SERVICES CONTRACT *********************************************************************************************************** THIS AGREEMENT made and entered into on , 2016 by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Carole Donahoe FOR USE BY CITY MANAGER’S OFFICE ONLY S.S/E.I.N. NO.Vendor #Amount $ Acct. MAILING ADDRESS Purchase Order #Obj. Code CITY, STATE, ZIP City Division ACCT. To Be Chgd. PHONE NUMBER Document Preparer Date Ext. or Telephone # Party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From July 1, 2016 to June 30, 2017 A. CITY desires to retain CONTRACTOR to perform professional services in connection with land use planning and environmental projects, documentation and processing and CONTRACTOR desires to provide such professional services and related work as set forth in this Agreement. B. CONTRACTOR possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. AGREEMENT In consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY and CONTRACTOR agrees as follows: 1.SCOPE OF SERVICES – CONTRACTOR services shall include but not be limited to: Management of a variety of land use projects; meetings with project applicant(s), City Staff, Planning Commission, and City Council; Coordination with all City Divisions, outside agencies, CEQA and MSHCP review; documentation of all case file correspondence exhibits and documents. CONTRACTOR shall determine the hours to be provided as necessary to carry out project loads, subject to approval of the City Manager or Director of Community Development. 2.COMPENSATION – CITY shall pay CONTRACTOR $75.00 per hour for services rendered. In no event shall CONTRACTOR’s compensation exceed Fifty Thousand dollars ($50,000) for the CONTRACT PERIOD without additional written authorization from CITY. CITY shall reimburse CONTRACTOR for mileage incurred on City business (does not include “port-to-port”) at the rate of $0.54 (per Internal Revenue Service Guidelines) per mile or the prevailing standard mileage reimbursement rate, whichever is higher. Payment processing will begin upon presentation of an invoice (format approved by the City) detailing the services rendered. 3.QUALIFICATIONS - CONTRACTOR represents and warrants to City that he/she has and shall maintain at all times during the term of this Agreement the licenses, permits, qualifications, insurance and approvals which are legally required of CONTRACTOR to perform the services hereunder. CITY has relied upon the professional training and ability of CONTRACTOR to perform the services hereunder as a material inducement to enter into this Agreement. The standard of care for all professional services performed or furnished by CONTRACTOR under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. 4.INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY’s employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights. By signing this Agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake Elsinore. CONTRACT DATE OF JULY 1, 2016 5.PERS ELIGIBILITY INDEMNIFICATION - In the event that CONTRACTOR claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, CONTRACTOR shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City 6.HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 7.NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this Agreement without written consent of CITY. 8.APPLICABLE LAW - This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9.AUDIT CLAUSE - CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the Agreement are subject to examination by the City of Lake Elsinore. 10.DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this Agreement, except working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. 11.TERMINATION - This Agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (30) days’ written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 12.ENTIRE AGREEMENT - This Agreement constitutes the complete and exclusive statement of Agreement between the CITY and CONTRACTOR. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 13.AMENDMENTS - This Agreement may be modified or amended only by a written document executed by both CONTRACTOR and City and approved as to form by the City Attorney. 14.SEVERABILITY - If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. *********************************************************************************************************** RETURN TO:CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE CONTRACTOR City Manager Carole K. Donahoe, AICP *********************************************************************************************************** NON-DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-293 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 3) Page 1 City of Lake Elsinore Printed on 7/7/2016 REPORT TO CITY COUNCIL TO:Honorable Mayor And Members of the City Council FROM:Grant Yates City Manager DATE:July 12, 2016 SUBJECT:Approval of CDBG Supplemental Agreement for 2016-2017 Program Year Recommendations Authorize the Mayor to execute the Supplemental Agreement between the County of Riverside and the City of Lake Elsinore for the Use of 2016-2017 Community Development Block Grant Funds. Background At its regular scheduled meeting on December 8, 2015, the City Council approved the Community Development Block Grant (CDBG) projects for fiscal year 2016-2017. At that time, the City Council decided to allocate FY 2016-2017 CDBG funds for the following: City of Lake Elsinore – Rehabilitation of Old Sheriff’s Station for Neighborhood Center City of Lake Elsinore – Code Enforcement – Nuisance Abatement Boys & Girls Clubs of Southwest County Vista Community Clinic Operation School Bell (Assistance League) Helping People in Need Pantry Program (H.O.P.E.) Habitat for Humanity Program Administrative Cost Discussion On June 23, 2106, the Riverside County Economic Development Agency (EDA) sent the City of Lake Elsinore a “Supplemental Agreement for the Use of 2016-2017 Community Development Block Grant Funds” (Agreement). The City received the attached Agreement from EDA on June 27, 2016. Executed copies of the Agreement must be returned to the County of Riverside Economic Development Agency (EDA) no later than August 22, 2016 for the Board of Supervisors to approve; after which, a fully executed agreement will be forwarded to the City along with the CDBG Supplemental Agreement FY 2016-2017 July 12, 2016 Page 2 of 2 “authorization to incur costs.” When staff receives the authorization, we are then able to release funds to the approved projects with assurance of reimbursement from the County of Riverside to the City of Lake Elsinore. The City of Lake Elsinore requested $424,079 for program year 2016-2017; however, the EDA notified staff that the total amount this year was increased to $454,335. Out of the $454,335 allocated, fourteen percent (14.0%) is to be used for public service programs and twelve percent (12.0%) for administrative costs. The approved allocation is as follows: 1.LE.51-16 Rehabilitation of Sheriff Station to Neighborhood Center $286,203 1.LE.52-16 Code Enforcement $50,000 1.LE.53-16 Boys & Girls Clubs of Southwest County $10,000 1.LE.54-16 Vista Community Clinic $12,500 1.LE.55-16 Program Administrative Cost – EDA $54,520 0.153-16 Operation School Bell (Assistance League)$12,500 0.154-16 Helping People in Need Pantry Program (H.O.P.E.)$18,612 0.163-16 Critical Home Maintenance & Repair Program (Habitat for Humanity)$10,000 Total $454,335 Fiscal Impact There is no fiscal impact to the 2016-2017 General Fund. Projects are paid through the CDBG reimbursement process once the “authorization to incur costs” has been issued by the County of Riverside. Prepared by:Richard J. MacHott, LEED Green Associate Planning Manager Reviewed by:Grant Taylor Director of Community Development Approved by:Grant Yates City Manager Attachments: 1.Supplemental Agreement for the Use of 2016-2017 CDBG Funds Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-294 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 4) Page 1 City of Lake Elsinore Printed on 7/7/2016 REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: July 12, 2016 SUBJECT: Amendment No 2 to Contract with Bureau Veritas for Plan Check Services Recommendation Staff recommends that the City Council: 1. Authorize the Mayor to execute Amendment No. 2 to the Bureau Veritas Professional Services Agreement (PSA) for plan check services. This amendment shall continue through December 31st, 2016, and allocate an additional $200,000. Background On June 11, 2013, Council approved a PSA in an amount not to exceed $300,000 with Bureau Veritas for engineering plan check services, for a total of three years. On September 23, 2014, the City Council approved Amendment No. 1 which extended the PSA for another two fiscal years at $300,000 per year, and increased the total compensation to $900,000. Discussion The City presently utilizes the Bureau Veritas plan check services at a rate of approximately $300,000 per year. The current agreement expired June 30, 2016. While a Request for Proposal for Plan Review Services is being finalized, staff is asking for an extension to the agreement in order to keep plan check services moving smoothly. Once the Proposals have been received, staff will bring forward new agreements for the balance of the fiscal year. AMENDMENT NO. 2 TO CONTRACT WITH BUREAU VERITAS JULY 12, 2016 PAGE 2 Fiscal Impact The amendment to the PSA for plan checking services in the amount of $200,000 will be funded by developer paid fees. Sufficient funds have been approved in the Fiscal Year 2016/17 budget for this amendment. Prepared by: Dina Purvis Senior Engineering Technician Prepared by: Brad Fagrell City Engineer Approved by: Grant Yates City Manager Attachments: Exhibit A - BV – Proposed Second Amendment Exhibit B - BV – First Amendment Exhibit C - BV – Original Agreement for Professional Services AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BUREAU VERITAS FOR PLAN CHECK SERVICES AMENDMENT NO. 2 is made and entered into as of July 12, 2016 by and between the City of Lake Elsinore (“City) a municipal corporation, and Bureau Veritas (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment No. 2 is made with respect to the following facts and purposes: a. On June 27, 2013 the City and Consultant entered into that certain agreement entitled “City of Lake Elsinore for Professional Services” (the “Original Agreement”) for a three (3) year term, subject to annual review by the City Council. b. The Original Agreement provided for compensation to Consultant in an amount not to exceed $300,000 for Fiscal Year 2013-14. c. Amendment No. 1, approved by the City Council on September 23, 2014 increased the payment for services by allocating an additional $300,000 per year for Fiscal Year 2014-15 and Fiscal Year 2015-16 for a total compensation not to exceed Nine Hundred Thousand dollars ($900,000). d. The parties now desire to amend the agreement for services by allocating an additional $200,000 for the remainder of Calendar Year 2016 and amend the Agreement as set forth in this Amendment. 2. Section 2. Time of Performance of the Agreement is hereby amended to read as follows: The services of Consultant are to commence upon execution of this Agreement and, unless earlier terminated or extended as provided elsewhere in this Agreement, shall continue through December 31, 2016. 3. Section 3. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed a total of $200,000 (Two Hundred Thousand Dollars and no cents) for the remaining of Calendar Year 2016 bringing the total contract amount to $1,100,000 (One Million Dollars and no Cents). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. CITY OF LAKE ELSINORE CONSULTANT ____________________________ ______________________________ Robert E. Magee – Mayor Pro Tem Isam Hasenin Bureau Veritas Date: ____________________ Date: ____________________ Attest: ____________________________ Susan M Domen, City Clerk Date: ____________________ Approved as to Form: ____________________________ Barbara Leibold, City Attorney Date: __________________ Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-295 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 5) Page 1 City of Lake Elsinore Printed on 7/7/2016 REPORT TO CITY COUNCIL TO:Honorable Mayor and Members of the City Council FROM:Grant Yates City Manager DATE:July 12, 2016 SUBJECT:Professional Services Agreement for Environmental Documentation for the Central Plaza Project Recommendation AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ALBERT A. WEBB ASSOCIATES TO PREPARE THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE DOCUMENTS FOR THE CENTRAL PLAZA PROJECT IN AN AMOUNT NOT TO EXCEED $36,200. Background The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant (Peninsula Retail Partners) through the application fee process. Discussion The applicant has applied for a Commercial Design Review, Conditional Use Permit, and Tentative Tract Map to permit the construction of a 75,000 SF of multi-tenant commercial center located in five buildings (including a two drive through restaurants)and related site improvements.The proposed development is located at the south east corner of Central and Collier Avenues (APNs: 377-080-031, 032, 033, and 034 and 377-080-014). In order to fully address and analyze any potential impacts, the City will need to employ a consultant to facilitate the preparation of the necessary technical studies that will be subsequently used in the Consultant’s preparation of the necessary CEQA documents. Albert A. Webb Associate was determined to be the most appropriate consulting firm as Page 2 of 2 they are included on the City’s CEQA Consultant Master List (Updated July 11, 2014) and have provided previous consulting services for the City. Fiscal Impact The cost of preparing the environmental review will be paid by fees collected from the developer through the City’s cost recovery program. All staff administrative time and consultant costs are paid from the applicant’s fees. No General Fund budgets will be allocated or used for the completion of the CEQA documents for the Nichols Mine Expansion project. Prepared by:Justin Kirk, Principal Planner Reviewed by:Grant Taylor Community Development Director Approved by:Grant Yates City Manager Exhibits: A. Agreement with Albert A. Webb Associates AGREEMENT FOR PROFESSIONAL SERVICES ALBERT A. WEBB ASSOCIATES CENTRAL PLAZA This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 12, 2016, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Albert A. Webb Associates ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: CEQA consulting services for the Central Plaza (“Project). B. Consultant has submitted to City a proposal, dated June 28, 2016, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A). Page 1 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed thirty six thousand two hundred dollars ($36,200) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Reserved. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, Page 2 designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant’s Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to Page 3 such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. Page 4 13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property to the extent resulting from the negligence or misconduct of Consultant, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. Page 5 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. Page 6 v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Stephanie Standerfer Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Reserved. Page 7 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Page 8 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONSULTANT” Albert A. Webb Associates By: ___________________________ Its: ___________________________ Attachments: Exhibit A – Consultant’s Proposal Page 10 EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] EXHIBIT A 012013 REVISED June 28, 2016 June 15, 2016 Mr. Justin Kirk, Principal Planner City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Proposal for Environmental Services for Proposed Commercial Development located on Central Avenue and Collier Avenue, City of Lake Elsinore, Riverside County, CA (APN 377-080-014, -031, -032, - 033, -034) Dear Mr. Kirk: I am pleased to provide you with this proposal for Environmental Services related to the proposed commercial development located in the City of Lake Elsinore. Enclosed you will find our Project Understanding (Exhibit “A”), Scope of Services (Exhibit “B”), and Compensation Schedule (Exhibit “C”) for your review and consideration. If you find this proposal acceptable, please notify our office so a contract agreement can be prepared. We appreciate this opportunity to be of service to your firm and look forward to hearing from you. If you have any questions regarding this proposal, please contact us at 951-686-1070. Sincerely, ALBERT A. WEBB ASSOCIATES Stephanie Standerfer Vice President Enc. Attachment A – Project Understanding Attachment B – Scope of Services Attachment C – Compensation Schedule Fee Schedule Exhibit “A” Project Understanding A-1 Our understandings of the needs for this proposed development are as follows: The City is evaluating a plan to develop the 7± acre site located at the southwestern corner of Central Avenue and Collier Avenue in City of Lake Elsinore, Riverside County, California in accordance with the site plan shown as Figure 1. Figure 1 – Preliminary Site Plan WEBB understands the proposed Project is to be analyzed pursuant to the California Environmental Quality Act (CEQA) with City of Lake Elsinore as the Lead Agency. We are aware that others will be preparing the technical studies needed for the proposed project and that we will review those studies and provide feedback to the City on their adequacy related to CEQA. WEBB’s services include the tasks necessary to prepare the CEQA documents on behalf of the City of Lake Elsinore (City), including the preparation of an Initial Study (IS). Exhibit “B” Scope of Services B-1 ENVIRONMENTAL SERVICES Given the type of project, we anticipate that the project will most likely support the preparation of a Mitigated Negative Declaration (MND) pursuant to CEQA. Since the CEQA document is required for the City in order to make a decision on the project, WEBB will assist the City in preparing and processing the CEQA document for the project. Our scope of services for the MND process includes the following tasks: Task 1: Peer Review of Technical Studies Our understanding is that the following technical studies will be prepared by others and will be reviewed for adequacy related to CEQA purposes by our in-house experts in the related fields. Our scope includes up to 8 hours of WEBB time to review and provide comments back on adequacy of the reports one time. It is assumed that all requested changes from WEBB will be completed by the Applicant’s technical consultants and that no further review or revisions will be needed by WEBB once those changes are made. Further reviews or extended discussions beyond the initial 8 hour allowance will require a budget augmentation. Under this Task, WEBB will review the following reports: · MSHCP Consistency Analysis/Biological Resources · Cultural Resources · Paleontological Resources · Noise Impact Analysis · Air Quality Analysis · Greenhouse Gas Analysis Task 2: Initial Study (IS)/Mitigated Negative Declaration (MND) The City and Applicant shall provide a detailed project description which includes all the relevant planning case information, and a description of all the on-site and off-site improvements required for the project for use in the IS/MND. Using the City’s preferred format, WEBB will prepare an IS with explanatory text for all topical issue areas, in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City’s procedures for implementing CEQA. Using the Technical Studies prepared by others, the IS will be prepared. The IS is expected to support a MND. On behalf of the City (CEQA Lead Agency), WEBB will produce electronic copies of the IS/MND for the City’s review and approval. One round of revisions is included in our scope of services. WEBB will prepare the Notice of Completion (NOC) and Notice of Intent (NOI) on behalf of the City. Task 3: IS/MND Processing and Final Documentation Upon approval, WEBB will distribute (mail) accordingly, the IS/Notice Of Intent (NOI) via a proof of delivery method such as United States Postal Service certified or express mail, overnight delivery to the responsible agencies, interested parties, per the distribution list provided by the City, the State Clearinghouse, and the County Clerk. The NOI will also be printed in the newspaper of general circulation (Press-Enterprise or another paper designated by the City). The posting and mailing of the NOC/NOI will start the 30-day public review and comment period. Exhibit “B” Scope of Services B-2 Final MND / Mitigation, Monitoring, and Reporting Program / Notice of Determination WEBB anticipates that mitigation measures will be identified to reduce potential impacts to less than significant. Thus, a mitigation monitoring and reporting program (MMRP) will be required per Section 15097 of the State CEQA Guidelines. The MMRP will consist of a matrix that identifies, for each impact category (e.g., air quality, noise), mitigation measures, timing for implementation, the party responsible for implementation, and the method of reporting or monitoring to be used. WEBB will prepare a screencheck MMRP for City review and incorporate one round of revisions. WEBB will review and prepare responses to comments received during the 30-day public comment period and prepare the Final IS/MND incorporating response to comments, final MMRP and technical appendices on CD. Upon City approval of Final IS/MND, WEBB will prepare the Notice of Determination (NOD) as required by Section 15094 of the State CEQA Guidelines and file with the Riverside County Clerk’s office and State Clearinghouse. Applicable CEQA filing fees are the responsibility of the applicant. This task includes preparation of response from no more than 10 commenting agencies/individuals or over 50 comments that require answers other than “comment noted.” PROJECT MANAGEMENT AND MEETINGS Project Management, Coordination, and Public Hearings Preparation of the CEQA document will require review and coordination of the technical studies, project plans, and Project team. This task includes the effort required to maintain open communication with City and Project Team until the MND is adopted. This effort also includes maintaining the project schedule. WEBB has budgeted time to meet with City staff throughout the MND process. WEBB has budgeted up to two (2) meetings with City Staff and/or applicant team to discuss project status and other issues associated with the CEQA process or peer review comments. The meetings will be attended by WEBB’s project management team in addition to other key members of WEBB’s project team, as necessary. WEBB staff will attend one (1) public hearings related to the CEQA process. WEBB will be prepared to answer any questions and respond verbally to relevant comments related to the CEQA document raised during the public hearing meetings. Exhibit “B” Scope of Services B-3 Assumptions Used in the Preparation of the Scope of Services A “round” of comments refers to a group of comments from City, including City Attorney, and applicant CEQA counsel in one consolidated track change MS Word document. All comments will be identified by comment bubble or track change (If additional rounds of comments are received, i.e., received at different times, additional comments not included in the initial round, or changes from the initial round of comments, additional budget may be required. Documents submitted for review to Project Team will be prepared in Adobe PDF (including figures) and/or MS Word. No preparation of Findings or Resolution are included; legal counsel shall prepare. All documents will be delivered in electronic format unless otherwise specified. Costs for reproduction, publishing and mailing will be billed on a T &M basis. Hardcopies will be furnished if requested and also billed on a time and materials basis (T&M). A change to any of the above assumptions may result in the need for additional budget. Please contact us immediately if our understanding of the project needs are not consistent with your understanding, so that the scope can be revised accordingly. Exhibit “C” Compensation Schedule C-1 Professional Services as outlined in Exhibit “B,” shall be provided on a time and materials basis with an amount not to exceed $46,200 as follows: ENVIRONMENTAL SERVICES Task 1: Peer Review of Technical Studies $8,900 Task 2: IS/MND Preparation $13,200 Task 3: Noticing and Final Documentation $9,100 PROJECT MANAGEMENT AND MEETINGS Project Management, Coordination, and Public Hearings $5,000 TOTAL BUDGET $36,200 Labor Task budgets are estimates and will be used interchangeably as needed but not to exceed the budget total. Any additional services requested outside this scope will be provided under separate contract addenda for additional fees. Invoices will be submitted monthly based on the percentage of work completed. All invoices shall be due and payable upon receipt. If invoices remain unpaid after 30 days, work on project will cease and interest of 1.5% per month shall be charged on unpaid balances. Expenses Charges for printing, copying, mileage, telephone tolls, postage, outside services, clerical services, electronic distance measuring equipment, and for coordination or other services not specifically listed in Exhibits “B” and “C” will be on a time and materials basis, in addition to the amounts shown above, in accordance with our attached schedule of fees. Charges for subcontracted services, including outside consultants requested by the client will be subject to a 15% surcharge. Checking and/or filing fees are not included in this contract, and shall be paid by the client directly to the appropriate government agency. Costs for custom invoice, if desired by client, shall be negotiated prior to commencement of our efforts. Invoices will be submitted monthly based on the percentage of work completed. All invoices shall be due and payable upon receipt. If invoices remain unpaid after 30 days, consultant shall cease work on project and interest of 1.5% per month on unpaid balances shall be charged. Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-296 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 6) Page 1 City of Lake Elsinore Printed on 7/7/2016 REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: JULY 12, 2016 SUBJECT: WARRANT LIST DATED JUNE 30, 2016 Recommendation Receive and File the Warrant List dated June 30, 2016. Discussion The W arrant List is a listing of all general checks issued since the prior Warrant List. Prepared by: Frances Ramirez Account Specialist II Reviewed by: Jason Simpson Administrative Services Director Approved by: Grant Yates City Manager Attachments: Warrant - SR Warrant - Exhibit A Warrant - Exhibit B june 30, 2016 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND#FUND DESCRIPTION TOTAL 100 GENERAL FUND 549,664.12$ 110 STATE GAS TAX FUND 15,448.81 114 SB1186 CASP EDUCATION PROGRAM 1.00 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 19,315.06 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST FUND 3,613.20 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION 1,580.00 305 INFORMATION SYSTEMS 7,921.15 315 FLEET 10,923.66 320 FACILITIES 13,504.48 331 C.F.D. 2006-1 CC SUMMERLY IMPROVEMENT AREA C DEBT SVC FUND 9,000.00 350 C.F.D. 98-1 SUMMERHILL DEBT SERVICE FUND 4,150.78 354 C.F.D. 90-2 TUSCANY HILLS DEBT SERVICE FUND 6,713.71 366 C.F.D. 2005-6 CITY CENTER TOWNHOMES DEBT SERVICE FUND 137.21 368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 153.00 369 C.F.D. 2004-3 IA-1 ROSETTA CANYON IMPROVEMENT DEBT SVC FUND 8,282.43 384 C.F.D. 2003-2B CANYON HILLS IMPROVEMENT AREA DEBT SVC FUND 281.94 385 C.F.D. 2004-3A2 ROSETTA CANYON IMPROVEMENT DEBT SVC FUND 2,687.56 389 C.F.D. 88-3 WEST LAKE ELSINORE SERIES A DEBT SVC FUND 9,742.82 393 A.D. 93-1 COTTONWOOD HILLS DEBT SERVICE FUND 840.85 500 CAPITAL IMPROVEMENT PLAN 250,539.12 620 COST RECOVERY TRUST DEP 20,555.20 GRAND TOTAL 935,056.10$ 7/5/2016 Warrant 06 30 16 City 1 of 1 june 30, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name 126282 VOID-LIUNA LOCAL 777 (2,684.10)$ 126456 STEVE MANOS 259.00 126457 I.C.M.A. RETIREMENT TRUST 5,601.91 126458 LEGAL SHIELD 184.35 126459 LIUNA LOCAL 777 562.50 126460 UNITED WAY - INLAND VALLEY 20.00 126461 LIEBERT CASSIDY WHITMORE 227.50 126462 THE L.I.U. OF N.A.2,121.60 126463 LIUNA LOCAL 777 562.50 126464 ALPINE WATER 147.57 126465 ALTA PACIFIC BANK 1,385.00 126466 AMERICAN ALLIANCE DRUG TESTING 65.00 126467 ANIMAL FRIENDS OF THE VALLEY 20,131.00 126468 BURKE, WILLIAMS & SORENSEN, LLP 3,376.86 126469 CA CITY MANAGEMENT FOUNDATION 400.00 126470 CDW GOVERNMENT, INC.166.05 126471 CRIME SCENE STERI-CLEAN, LLC 750.00 126472 DATA QUICK INFORMATION SYSTEMS, INC.130.50 126473 DENNIS JANDA, INC.8,900.00 126474 CAROLE DONAHOE A.I.C.P.2,212.50 126475 MARGARET ANN DRAKE 195.00 126476-126478 E. V. M. W. D.40,769.60 126479 EAGLE COMMUNICATIONS 23,137.80 126479 VOID-EAGLE COMMUNICATIONS (23,137.80) 126480 ENDRESEN DEVELOPMENT, LLC 27,330.00 126481 ENVIROMINE 1,085.00 126482 EVERGREEN CLEANING SOLUTIONS 1,490.00 126483 FALCON ENGINEERING SERVICES, INC.29,824.00 126484 FEDERAL EXPRESS CORPORATION 153.44 126485 GOVERNMENT FINANCE OFFICERS ASSOC.93.00 126486 DALE HEGLUND 124.19 126487 HR GREEN CALIFORNIA, INC.152,322.53 126488 ICICLES, INC.166.05 126489 IRON MOUNTAIN, INC.71.03 126490 LYNN MERRILL 1,580.00 126491 MICHAEL PAYMENT 150.00 126492 POLAR EXPRESS HEATING AND AIR CONDITIONING 1,443.75 126493 GUSTAVO POLETTI 48.00 126494 PYRO-SPECTACULARS 25,000.00 126495 RIVERSIDE COUNTY SHERIFF, ACCOUNTING & FINANCE 99,838.00 126496 RKA CONSULTING GROUP 5,205.00 126497 SCOTT FAZEKAS & ASSOCIATES, INC.9,140.79 126498 SHRED-IT USA, LLC 84.00 126499 SOLANO PRESS BOOKS 183.40 126500 SOUTHERN CALIFORNIA EDISON CO.250.88 126501 STAPLES BUSINESS ADVANTAGE 183.27 7/5/2016 Warrant 06 30 16 City 1 OF 4 june 30, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name 126502 STAPLES CREDIT PLAN 9.71 126503 SUN PAC CONTAINERS 85.00 126504 SUSTAINABLE CIVIL ENG SOLUTIONS, INC.83,520.80 126505 T & B PLANNING, INC.7,364.41 126506 TRI-STAR ELECTRIC 8,640.00 126507 UNITED PARCEL SERVICE 41.10 126508 VCS ENVIRONMENTAL 185.00 126509 WAXIE SANITARY SUPPLY 316.11 126510 WILSON CYCLE SPORTS CORP.456.86 126511 VOID-UNITED STATES POSTAL SERVICE (2,210.00) 126511 UNITED STATES POSTAL SERVICE 2,210.00 126512 UNITED STATES POSTAL SERVICE 2,210.00 126513 GUARDIAN 11,965.08 126514 STANDARD INSURANCE COMPANY 1,043.41 126515 ACTION GAS & WELDING SUPPLY 56.54 126516 ALLEGRA MARKETING PRINT MAIL 313.20 126517-126518 AMERICAN EXPRESS-CORP. PURCHASING 9,690.37 126519 AMERICAN FORENSIC NURSES, INC.300.00 126520 AMERICAN MATERIAL CO.42.42 126521 APPLE ONE 1,111.11 126522 BABCOCK LABORATORIES, INC.1,595.00 126523 BEACON ATHLETICS 4,850.00 126524 BIO-TOX LABORATORIES 2,628.74 126525 KENNETH CHAFFIN 1,445.60 126526-126527 COMMERCIAL DOOR COMPANY, INC.1,779.00 126528 DECKSIDE POOL SERVICE 726.00 126529 DEPT. OF FORESTRY & FIRE PROTECTION 1,256.64 126530 DISCOUNT HAULING & CLEANUP SERVICE 300.00 126531 CAROLE DONAHOE A.I.C.P.2,100.00 126532 DOWNS COMMERCIAL FUELING, INC.6,387.33 126533 MARGARET ANN DRAKE 97.50 126534-126536 E. V. M. W. D.25,573.48 126537 ENDRESEN DEVELOPMENT, LLC 21,700.00 126538 CHRIS ERICKSON 129.59 126539 EVERGREEN CLEANING SOLUTIONS 3,960.00 126540 EXCEL LANDSCAPE, INC.1,150.00 126541 FEDERAL EXPRESS CORPORATION 181.75 126542 FERGUSON WATERWORKS 217.16 126543 JOSE FONSECA 129.59 126544-126545 FRONTIER CALIFORNIA, INC.2,686.01 126546 GEOMAT TESTING LABORATORIES, INC.7,462.50 126547 GREAT LAKES HIGHER EDUCATION CORP.3,250.00 126548 RUSSEL GROVE 62.51 126549 HORIZON SOLAR POWER 230.07 126550 STEVE KARVELOT 240.00 126551 L.A. STEELCRAFT PRODUCTS, INC.24,110.17 7/5/2016 Warrant 06 30 16 City 2 OF 4 june 30, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name 126552 LORENZ & JONES MARINE DIST 490.95 126553 MANPOWER TEMP SERVICES 668.45 126554 MICHAEL PAUL MAPLES 11,592.25 126555 MICHAEL BAKER INTERNATIONAL, INC.11,197.82 126556 MORROW PLUMBING 44.00 126557 MORROW PLUMBING 25.18 126558 O'REILLY AUTO STORES INC/FIRST CALL 48.85 126559 JULIAN PEREZ 107.99 126560 POLAR EXPRESS HEATING AND AIR CONDITIONING 10,153.84 126561 THE PRESS ENTERPRISE 1,185.60 126562 PRUDENTIAL OVERALL SUPPLY 169.41 126563 DINA PURVIS 276.00 126564 RAIN MASTER IRRIGATION SYSTEMS 360.50 126565 JUAN REYES 150.00 126566 RIGHTWAY SITE SERVICES, INC.88.36 126567 RIVERSIDE COUNTY CLERK 23.00 126568 RIVERSIDE COUNTY INFORMATION TECH 1,071.70 126569 RIVERSIDE COUNTY SHERIFF CORRECTIONS ACCOUNTING DEPT.21,612.36 126570 RJM DESIGN GROUP, INC.1,200.00 126571-126572 ROBBINS PEST MANAGEMENT, INC.2,450.00 126573 ROW TRAFFIC SAFETY, INC 6,185.71 126574 SCW CONTRACTING CORPORATION 21,850.00 126575 SHRED-IT USA, LLC 85.60 126576 SIGNATURE COINS 4,020.00 126577-126581 SOUTHERN CALIFORNIA EDISON CO.11,661.93 126582 SOUTHWEST FIRE PROTECTION: LAND MANGEMENT 8,781.00 126583 SOUTHWEST HEALTHCARE SYSTEM 1,800.00 126584 SPICER CONSULTING GROUP 9,000.00 126585 STAPLES BUSINESS ADVANTAGE 43.34 126586 STAUFFER'S LAWN EQUIPMENT 29.61 126587 T & B ENGINEERING, INC.1,200.00 126588 SUSAN TAYLOR 131.00 126589 JUSTIN THOMPSON 140.39 126590 UNITED PARCEL SERVICE 72.84 126591 VARSITY GYMNASTICS, LLC 3,903.00 126592 VCS ENVIRONMENTAL 4,319.06 126593 VILLAGE EQUIPMENT RENTALS, INC.203.50 126594 WE GREEN, INC.118.13 126595 WEST COAST SERVICES 900.00 126596 WILSON CYCLE SPORTS CORP.594.88 126597 X-FACTOR MARINE 980.00 126598 COLONIAL LIFE 512.12 DFT0000839 US BANK TOWER DBW IV 29,613.44 DFT0000840 TASC 1,947.01 DFT0000841 PAYCHEX OF NEW YORK, LLC 694.05 DFT0000842 INTERNAL REVENUE SERVICE 67,075.83 7/5/2016 Warrant 06 30 16 City 3 OF 4 june 30, 2016 CITY OF LAKE ELSINORE WARRANT LIST CHECK#Vendor Name DFT0000843 FRANCHISE TAX BOARD 12,534.32 DFT0000844 FRANCHISE TAX BOARD 150.00 DFT0000845 RIVERSIDE COUNTY SHERIFF'S OFFICE 742.65 GRAND TOTAL 935,056.10$ 7/5/2016 Warrant 06 30 16 City 4 OF 4 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-297 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 7) Page 1 City of Lake Elsinore Printed on 7/7/2016 Page 1 of 1 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Nicole McCalmont Date:July 12, 2016 Subject:Approve Placing Delinquent Refuse Bills on the FY 2016-2017 Tax Roll Recommendation adopt A Resolution OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECT STAFF TO PLACE SPECIAL ASSESSMENTS AGAINST THE PROPERTIES LISTED IN THE ITEMIZED REPORT ON FILE WITH THE CITY CLERK'S OFFICE. Background On June 9, 1992, CR&R, Inc. was awarded an exclusive franchise agreement to provide solid waste collection and recycling services. Due to uncollectible accounts resulting from non- payment from property owners and renters, City Council approved collections via the tax rolls. These collections are for those accounts whose payments are delinquent a minimum of 120-days. These costs are to include the delinquent charges, the appropriate late payments, processing fees and the trash collection and recycling fees for the following year for existing residence. Discussion As of June 30, 2016, there are 732 new accounts on delinquent tax rolls totaling $134,074.64. Due to these delinquent accounts and CR&R’s past actions to collect for services rendered, CR&R submits a list of accounts for City Council’s consideration to be placed on the tax roll. Fiscal Impact Payment from delinquent accounts placed on the tax rolls can take as long as 24-months to collect. In addition, CR&R continues to pay the City the franchise fee from the gross revenues Exhibits A – Resolution B – Delinquent Refuse Accounts 1 County Fund No. 68-2370 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECT STAFF TO PLACE SPECIAL ASSESSMENTS AGAINST THE PROPERTIES LISTED IN THE ITEMIZED REPORT ON FILE WITH THE CITY CLERK'S OFFICE. WHEREAS,a written report of residential refuse collection fees delinquent as of July 01, 2016 has been prepared and filed with the City Clerk as set out in the Lake Elsinore Municipal Code and the Health and Safety Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The report of residential refuse collection fees delinquent as of June 30, 2016 attached to and incorporated herewith in this resolution hereby is confirmed. The City Clerk is directed to file a certified copy of this resolution and of the report with the County Auditor. The County Auditor is designated and empowered to perform the duties as necessary. SECTION 2. The fees set forth in the report shall constitute a special assessment against the respective parcels on which they are levied and are a lien against such property. The assessment shall be collected at the same time and subject to the same procedures provided such taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such assessments, except that if any real property to which such fees or changes relate has been transferred or conveyed to a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then a lien which would otherwise be imposed shall not attach to such real property and the fees or charges or interest shall be transferred to the unsecured roll for collection. SECTION 3. The City shall remit the fees collected to the franchised solid waste collector within 15-days after receipt thereof. SECTION 4. That portion of the principal, interest and other costs related to the delinquent trash accounts to be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit “A” (a summary of fixed charges). SECTION 5. That the properties to be assessed and the related amounts are submitted on magnetic tape as requested by the Riverside County Tax Collector, further identified as County Fund No. 68-2370. SECTION 6. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of July, 2016. Robert Magee, Mayor Pro Tem 2 County Fund No. 68-2370 ATTEST:APPROVED AS TO FORM: Susan M. Domen, MMC City Clerk Barbara Leibold City Attorney 3 County Fund No. 68-2370 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No.was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of July 12, 2016 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk County Fund No. 68-2370 CO CUST#Total 6.30.16 Start Date Parcel # 25 41188 318.69$ 7/25/2014 363-361-038 25 32040 106.23$ 8/6/2010 363-363-001 25 41127 287.64$ 8/13/2008 349-471-009 25 11047 15.19$ 4/27/2001 363-431-001 25 44433 72.00$ 4/27/2001 363-431-001 25 40204 144.00$ 3/2/2006 363-433-012 25 43406 139.10$ 4/2/2009 373-201-003 25 44996 154.13$ 4/2/2009 373-201-003 25 41987 72.00$ 10/31/2014 374-191-027 25 24809 41.00$ 10/1/2007 374-203-007 25 44312 100.00$ 6/28/2013 374-202-006 25 44073 223.76$ 12/28/2007 363-382-021 25 41388 266.99$ 7/17/2003 363-381-008 25 14467 70.00$ 11/27/2002 349-492-002 25 42019 16.77$ 2/8/2012 363-443-002 25 34284 14.40$ 2/20/2015 379-324-002 25 29502 287.64$ 2/26/2010 379-322-022 25 40171 220.57$ 5/20/2010 379-315-006 25 44597 92.18$ 6/25/2014 379-312-009 25 27191 216.00$ 12/19/2008 374-191-003 25 1096 287.64$ 6/24/2005 374-171-006 25 40002 72.00$ 9/2/2010 379-313-013 25 43512 22.00$ 5/25/2011 379-312-015 25 41688 287.64$ 3/30/2007 373-202-009 25 33284 287.64$ 12/27/2005 379-314-025 25 31847 44.40$ 7/13/2012 379-313-018 25 31740 174.69$ 11/2/1999 374-183-008 25 39331 72.00$ 11/30/2009 373-025-009 25 13983 144.00$ 2/4/2003 374-122-014 25 30119 287.64$ 5/15/2006 389-311-021 25 25238 71.64$ 12/14/2007 373-207-013 25 39233 287.64$ 10/10/2013 374-091-016 25 40896 287.64$ 5/8/2014 373-207-012 25 2871 287.64$ 11/1/1988 389-312-003 25 26498 287.64$ 7/1/2010 389-270-014 25 17003 287.64$ 1/8/2010 363-361-045 25 14938 287.64$ 1/1/1978 374-113-018 25 45274 48.92$ 9/14/2015 389-670-011 25 36893 166.72$ 9/14/2015 389-670-011 25 43425 72.00$ 12/26/2013 389-670-001 25 32848 287.64$ 3/27/2012 381-331-003 25 26646 287.64$ 9/30/2008 363-381-075 25 25778 287.64$ 4/30/2008 363-391-048 25 36078 140.46$ 12/5/2008 379-150-049 25 38056 176.98$ 3/7/2013 389-382-012 25 37440 287.64$ 3/13/2013 389-384-023 EXHIBIT "B" DELINQUENT REFUSE ACCOUNTS 25 31253 287.64$ 11/3/2010 389-385-007 25 42132 362.29$ 12/12/2014 389-382-017 25 31049 72.00$ 9/7/2010 389-382-018 25 38856 71.64$ 8/30/2013 389-386-004 25 38914 134.28$ 4/24/2009 387-521-010 25 36545 424.29$ 11/2/2012 379-391-007 25 36293 318.69$ 10/14/2010 379-391-006 25 22471 287.64$ 5/4/1999 379-452-019 25 36858 87.64$ 1/9/2013 379-451-009 25 7092 72.00$ 1/2/1992 379-451-008 25 45094 148.61$ 7/16/2010 379-441-002 25 31183 158.83$ 7/16/2010 379-441-002 25 21613 216.00$ 6/15/2006 387-522-016 25 45173 41.03$ 9/12/2012 379-453-017 25 35201 28.00$ 1/25/2012 387-521-020 25 12078 287.64$ 1/0/1900 387-522-004 25 545 72.00$ 10/1/1988 379-443-001 25 44024 72.00$ 2/23/2012 387-522-020 25 31225 287.64$ 11/10/2010 387-512-008 25 29274 72.00$ 11/6/2008 386-186-040 25 35394 144.00$ 6/1/2012 387-493-001 25 30793 287.64$ 8/27/2010 387-492-021 25 30401 287.64$ 3/12/2002 374-112-015 25 13515 287.64$ 1/22/2003 387-482-005 25 9834 16.00$ 5/29/2003 374-101-008 25 31840 144.00$ 8/17/2007 387-482-017 25 29046 287.64$ 12/3/2009 389-062-012 25 40557 287.64$ 3/7/2012 379-281-017 25 23060 87.64$ 6/21/2001 379-431-020 25 1557 15.64$ 7/30/1998 387-482-014 25 24512 72.00$ 8/10/2007 389-510-002 25 12256 287.64$ 4/30/2002 387-472-008 25 10818 37.64$ 12/14/2000 389-533-002 25 19601 144.00$ 10/13/2005 389-521-008 25 27781 287.64$ 12/3/2013 379-272-011 25 34954 106.23$ 3/29/2012 389-531-021 25 39021 72.00$ 9/16/2013 379-431-039 25 25819 273.57$ 5/16/2008 389-531-018 25 2970 287.64$ 6/27/1997 389-533-010 25 38371 287.64$ 2/19/1999 387-461-009 25 19715 285.92$ 10/26/2005 387-483-013 25 3611 224.29$ 4/17/1996 379-173-005 25 35033 287.64$ 3/30/2012 379-173-007 25 34021 287.64$ 4/2/2012 389-561-011 25 2428 144.00$ 10/28/1993 389-562-008 25 23371 72.00$ 1/19/2007 389-544-018 25 5129 287.64$ 1/4/2000 389-601-011 25 16180 144.00$ 4/1/2004 389-061-001 25 29186 72.00$ 12/22/2009 389-622-011 25 29359 287.64$ 2/2/2010 389-061-008 25 39432 364.29$ 3/10/2014 389-622-012 25 44575 63.30$ 9/12/2012 387-503-036 25 41821 36.00$ 10/24/2014 389-073-010 25 36819 143.27$ 2/25/2011 389-483-008 25 38344 187.78$ 12/28/2009 389-482-001 25 23101 287.64$ 12/15/2006 389-484-001 25 4412 137.64$ 6/21/2001 389-641-015 25 1650 287.64$ 7/31/1996 389-642-003 25 32492 287.64$ 4/6/2012 389-642-018 25 43540 86.40$ 12/23/2013 391-761-024 25 44625 45.84$ 5/27/2005 391-760-010 25 41016 104.19$ 5/27/2005 391-760-010 25 18288 287.64$ 12/23/2004 391-762-013 25 33194 287.64$ 2/24/2012 391-761-007 25 30350 148.57$ 12/22/2004 391-762-008 25 17632 71.64$ 4/30/2009 391-761-012 25 22406 287.64$ 9/29/2006 391-761-013 25 11408 287.64$ 11/10/2015 387-122-014 25 26757 72.00$ 10/22/2008 387-122-018 25 28754 67.64$ 11/24/2010 387-121-009 25 45318 115.80$ 9/1/1990 381-361-013 25 41815 216.00$ 7/14/2014 387-121-012 25 31051 151.57$ 4/28/2010 389-332-017 25 7283 87.64$ 8/9/2002 363-112-028 25 32705 144.00$ 4/29/2011 378-304-001 25 36277 116.00$ 7/16/2012 379-422-019 25 40959 28.28$ 7/11/2014 389-444-007 25 45370 104.42$ 1/27/1995 378-213-036 25 41664 72.00$ 8/1/2012 378-244-016 25 32597 72.00$ 10/22/1999 379-241-054 25 45315 61.34$ 5/22/2006 379-242-005 25 25563 282.65$ 5/22/2006 379-242-005 25 15514 287.64$ 11/26/2003 379-241-016 25 37890 424.29$ 4/26/2013 378-213-042 25 33587 72.00$ 8/15/2000 379-243-010 25 41209 108.49$ 2/7/1992 389-432-012 25 35675 172.00$ 8/31/2012 389-433-002 25 2581 287.64$ 8/17/1994 378-203-064 25 23384 287.64$ 4/23/2010 379-470-031 25 30072 144.00$ 3/31/2010 389-421-017 25 35619 187.64$ 10/9/2012 379-470-023 25 29002 156.00$ 9/16/2009 389-270-005 25 16527 287.64$ 5/14/2004 378-203-059 25 31139 287.64$ 10/13/2010 379-470-005 25 41710 287.64$ 9/29/2014 379-470-002 25 27939 72.00$ 2/27/2009 378-241-035 25 28384 287.64$ 7/24/2009 378-241-034 25 8445 287.64$ 3/23/1999 378-263-002 25 27983 177.46$ 5/29/2009 378-261-005 25 10022 287.64$ 6/6/2000 378-255-045 25 31214 72.00$ 3/3/2010 378-261-019 25 34196 287.64$ 11/9/2011 378-254-050 25 32565 87.64$ 1/27/2011 378-155-036 25 2528 187.64$ 3/24/1993 389-323-004 25 4248 287.64$ 1/0/1900 378-156-085 25 36065 267.64$ 1/0/1900 378-156-092 25 31507 287.64$ 9/24/2010 378-154-014 25 34709 287.64$ 2/22/2012 389-321-020 25 37441 287.64$ 3/2/2010 378-134-007 25 41691 144.00$ 5/9/2013 373-153-004 25 3009 287.64$ 7/17/1996 378-132-010 25 16742 72.00$ 6/22/2004 375-201-035 25 36366 287.64$ 11/16/2012 375-201-045 25 28559 144.00$ 10/22/2009 375-151-001 25 30633 287.64$ 4/29/2008 378-263-032 25 29163 287.64$ 12/5/2008 378-263-016 25 38121 287.64$ 5/1/2013 375-342-022 25 45306 113.89$ 11/24/2015 370-513-014 25 33152 72.00$ 6/20/2012 370-513-015 25 40588 36.13$ 12/6/2012 370-512-001 25 37203 287.64$ 8/27/2002 377-380-022 25 43752 106.23$ 9/13/1999 370-351-030 25 34230 72.64$ 9/14/2012 370-513-001 25 44373 72.00$ 12/2/2014 389-350-020 25 8955 287.64$ 7/20/1999 370-351-020 25 28152 287.28$ 7/7/2009 370-482-009 25 28066 72.00$ 6/16/2009 370-432-015 25 25868 137.64$ 5/27/2008 370-434-002 25 40119 95.64$ 11/19/2012 370-432-013 25 29866 216.00$ 4/29/2010 370-523-012 25 39254 187.64$ 9/27/2013 370-520-007 25 41939 287.64$ 1/11/2008 370-520-012 25 29003 107.64$ 12/8/2009 370-521-022 25 622 144.00$ 5/1/1987 389-270-001 25 31332 287.64$ 11/1/2010 370-531-002 25 36163 72.00$ 2/17/2015 370-523-009 25 22965 187.64$ 11/30/2006 370-521-017 25 45251 124.94$ 5/14/2012 370-523-023 25 43860 165.82$ 5/14/2012 370-523-023 25 35216 268.70$ 4/29/2009 389-051-018 25 26322 72.00$ 8/1/2008 389-624-014 25 2641 28.64$ 9/7/1994 389-232-019 25 41895 45.61$ 4/25/2012 374-111-009 25 37735 61.50$ 2/16/2006 363-760-022 25 35460 237.64$ 12/27/2004 374-121-023 25 27373 287.64$ 2/27/2009 363-273-014 25 35561 72.00$ 6/29/2012 363-273-016 25 29991 64.86$ 5/10/2002 363-281-019 25 44060 170.72$ 1/18/2013 363-273-019 25 42089 36.00$ 11/25/2014 363-341-012 25 37262 287.64$ 5/28/2013 363-313-001 25 3525 213.57$ 5/10/2001 374-141-012 25 14351 137.64$ 5/9/2003 374-133-005 25 38713 119.64$ 7/23/2012 374-112-011 25 9112 106.00$ 7/13/1999 373-024-027 25 17840 287.64$ 9/22/2003 374-112-021 25 33575 72.00$ 11/30/1994 363-402-010 25 31220 68.65$ 6/30/2010 363-273-011 25 43465 214.23$ 4/3/2015 374-111-024 25 26541 187.64$ 9/8/2008 389-344-002 25 37089 72.00$ 10/3/2012 389-071-018 25 43810 29.86$ 4/14/2015 363-381-039 25 36926 144.00$ 5/19/2015 389-242-025 25 6113 287.64$ 10/7/1997 389-342-005 25 35880 260.02$ 12/11/2013 363-384-012 25 32758 80.92$ 8/24/2010 379-423-022 25 42051 72.00$ 10/12/1999 389-242-010 25 33195 287.64$ 7/18/2011 389-341-004 25 33435 287.64$ 8/5/2011 363-770-002 25 33171 144.00$ 12/13/2011 389-072-016 25 40451 137.64$ 8/8/2013 373-041-016 25 42150 339.53$ 8/8/2013 373-041-016 25 7506 75.00$ 6/23/2008 373-032-012 25 6334 209.46$ 5/14/2002 379-422-001 25 32724 61.00$ 3/31/2011 363-411-003 25 41748 106.23$ 8/25/2014 349-493-004 25 28578 287.64$ 9/8/2009 389-073-015 25 41830 32.00$ 3/15/2013 349-482-028 25 34335 212.46$ 10/25/2011 375-324-030 25 38369 104.98$ 11/12/2004 389-672-011 25 33911 172.29$ 3/29/2012 389-672-027 25 40237 144.00$ 1/8/2015 373-033-001 25 44407 72.00$ 1/26/2012 377-391-002 25 40149 81.31$ 1/26/2012 377-391-002 25 37165 72.00$ 6/16/2005 377-391-005 25 44256 38.05$ 2/5/2014 363-411-004 25 44455 78.08$ 2/5/2014 363-411-004 25 37808 71.64$ 8/6/2010 363-364-001 25 43941 100.00$ 8/6/2010 363-364-001 25 18748 65.36$ 6/22/2005 389-431-014 25 42113 44.00$ 6/22/2012 389-444-014 25 30599 87.64$ 7/20/2010 389-454-010 25 26717 137.64$ 4/30/2008 389-454-009 25 30484 287.64$ 8/21/2002 389-421-030 25 21186 247.40$ 5/4/2006 389-391-004 25 42174 342.59$ 4/1/1988 389-391-012 25 31364 72.00$ 12/14/2010 389-383-013 25 25374 203.38$ 2/4/2008 389-383-003 25 36055 257.64$ 11/1/1987 389-382-007 25 37173 287.64$ 9/14/2000 377-392-004 25 37175 287.64$ 8/27/1999 377-392-002 25 41135 72.00$ 9/11/2009 389-492-011 25 43517 259.80$ 8/25/2009 389-652-002 25 23463 44.00$ 7/28/2004 389-482-011 25 37185 287.64$ 9/28/2000 377-404-006 25 17619 287.64$ 1/0/1900 391-740-029 25 29015 212.91$ 12/8/2009 391-861-020 25 21832 61.74$ 6/1/2006 391-740-028 25 29229 216.00$ 11/13/2012 391-861-021 25 29942 143.28$ 5/18/2010 391-861-022 25 41640 54.64$ 11/2/2012 391-740-013 25 29487 144.00$ 2/24/2010 391-871-005 25 25576 93.64$ 3/12/2008 391-572-009 25 44257 102.95$ 8/13/2013 391-952-021 25 39870 287.64$ 1/10/2014 391-750-012 25 37195 137.64$ 5/31/2005 377-404-001 25 24890 72.00$ 10/5/2007 391-850-029 25 34720 287.64$ 2/9/2010 391-872-018 25 37146 287.64$ 3/28/1997 377-380-008 25 31024 287.64$ 9/28/2010 391-872-015 25 15293 216.00$ 10/16/2003 389-472-007 25 20947 72.00$ 4/4/2006 391-753-005 25 36058 287.64$ 9/12/2012 371-310-019 25 41612 72.00$ 9/18/2014 389-582-003 25 37876 73.57$ 3/2/2011 391-840-008 25 41262 287.64$ 8/4/2006 391-772-005 25 20231 287.64$ 12/9/2005 389-593-001 25 45214 127.31$ 12/7/2009 389-562-016 25 22159 287.64$ 8/31/2006 391-772-001 25 43429 288.97$ 2/5/2015 391-780-029 25 27996 287.64$ 6/9/2009 389-542-007 25 45104 72.00$ 10/21/2015 377-100-011 25 32319 216.00$ 3/17/2011 391-862-006 25 33483 99.46$ 7/21/2011 378-192-036 25 7821 287.64$ 7/31/1998 391-571-024 25 42266 426.60$ 12/29/2014 371-291-012 25 38225 248.19$ 6/7/2013 371-311-013 25 33315 287.64$ 5/20/2011 391-571-023 25 40762 140.46$ 6/4/2014 391-842-002 25 26495 287.64$ 9/12/2008 391-842-019 25 8987 47.00$ 8/4/1999 391-571-020 25 42072 72.00$ 11/24/2014 371-291-014 25 43603 184.41$ 3/13/2015 371-292-003 25 42168 216.00$ 8/21/2008 391-842-017 25 42243 144.00$ 12/18/2014 371-291-020 25 45014 160.44$ 2/11/2014 391-771-005 25 30727 216.00$ 8/6/2010 391-780-013 25 40725 72.00$ 10/17/2013 391-770-013 25 28493 143.64$ 7/9/2014 391-770-014 25 6409 147.00$ 11/22/1996 389-630-026 25 31643 72.00$ 6/28/2002 389-630-014 25 40243 287.64$ 2/28/2014 371-333-011 25 44705 794.29$ 9/7/2012 377-100-008 25 44772 55.89$ 8/20/2015 371-280-021 25 43705 74.00$ 4/5/2013 391-571-029 25 36183 122.00$ 7/2/2012 371-330-003 25 36927 61.50$ 11/29/2012 391-571-031 25 17251 72.00$ 9/16/2004 378-312-035 25 37829 287.64$ 3/22/2013 371-332-002 25 36762 279.28$ 12/21/2012 371-331-010 25 12657 287.64$ 12/17/2010 389-242-006 25 1240 287.64$ 4/1/1989 378-314-014 25 29167 287.64$ 8/21/2009 375-023-058 25 34387 287.64$ 12/28/2011 375-023-005 25 36643 287.64$ 3/31/1994 363-513-010 25 32033 39.40$ 3/3/2010 363-361-037 25 40693 154.89$ 5/14/2014 349-482-003 25 41087 31.76$ 10/15/2014 363-391-072 25 42008 216.00$ 9/13/2012 363-391-054 25 33877 48.72$ 12/21/2011 349-471-002 25 39808 216.00$ 1/31/2008 363-751-020 25 33527 106.23$ 7/29/2011 389-412-032 25 7465 147.58$ 7/31/1996 387-503-001 25 34102 72.00$ 11/9/2011 387-452-003 25 24621 62.64$ 6/13/2008 387-492-016 25 31937 34.23$ 6/17/2011 387-523-023 25 29335 144.00$ 2/2/2009 387-491-016 25 43525 72.00$ 8/11/2009 387-492-001 25 1638 139.82$ 4/17/1998 389-362-003 25 27331 711.93$ 1/30/2009 378-272-043 25 44176 198.52$ 7/3/2013 375-322-043 25 31395 287.64$ 12/23/2010 375-322-039 25 44845 201.44$ 2/22/2002 378-313-009 25 28123 72.00$ 7/1/2009 378-314-020 25 40876 287.64$ 5/9/2014 363-211-027 25 36337 287.64$ 11/9/2012 363-212-033 25 25320 287.64$ 1/18/2008 363-211-038 25 41468 35.70$ 5/23/2014 363-211-042 25 41046 237.64$ 9/26/2008 363-211-046 25 39597 51.23$ 3/9/2011 363-211-052 25 26005 72.00$ 6/20/2008 363-211-053 25 38143 12.04$ 3/28/2013 363-213-028 25 35812 216.00$ 7/31/2015 363-211-010 25 33477 48.00$ 2/25/2014 363-211-013 25 34218 72.00$ 3/12/2012 363-211-019 25 18305 287.64$ 10/31/2003 378-320-016 25 32050 93.18$ 12/21/2009 349-493-002 25 34414 87.64$ 12/22/2011 373-034-030 25 44883 139.80$ 3/18/2011 379-203-010 25 36300 287.64$ 10/22/2012 379-241-042 25 36747 250.56$ 12/19/2012 363-332-010 25 34614 560.94$ 4/18/2012 363-333-014 25 41488 144.00$ 8/16/2012 363-334-006 25 41191 72.00$ 7/25/2014 379-391-016 25 33572 287.64$ 8/16/2011 389-412-030 25 1152 56.00$ 3/10/1994 374-043-001 25 25937 287.64$ 6/12/2008 363-302-027 25 9303 72.00$ 11/12/1999 363-301-026 25 26472 287.64$ 8/21/2008 363-302-025 25 44760 13.41$ 3/4/2014 363-263-014 25 36804 287.64$ 12/26/2012 363-313-012 25 40906 59.28$ 1/25/2007 363-320-014 25 14468 144.00$ 6/12/2003 363-301-010 25 42376 82.75$ 8/1/2013 363-312-004 25 34676 144.00$ 2/8/2012 363-281-003 25 36275 28.00$ 6/17/2015 363-274-006 25 33606 287.64$ 6/1/2010 363-282-023 25 33432 216.00$ 11/30/2011 363-291-001 25 25863 71.00$ 5/7/2008 363-291-002 25 31099 287.64$ 9/29/2010 379-272-024 25 12578 287.64$ 5/31/2001 363-282-020 25 9468 57.51$ 4/16/2009 379-140-010 25 1969 12.78$ 4/16/2009 379-140-010 25 32436 172.53$ 4/16/2009 379-140-010 25 31753 115.02$ 4/16/2009 379-140-010 25 32120 172.53$ 4/16/2009 379-140-010 25 4681 229.68$ 4/16/2009 379-140-010 25 24506 57.51$ 4/16/2009 379-140-010 25 7841 215.05$ 3/1/1978 379-272-019 25 33357 287.64$ 8/3/2011 363-291-005 25 8702 287.64$ 4/26/2006 379-272-015 25 3286 24.00$ 4/22/1998 379-271-011 25 40895 287.64$ 5/27/2004 379-281-005 25 30608 87.64$ 6/15/2010 373-192-030 25 17923 287.64$ 10/13/2004 379-140-049 25 32646 144.00$ 4/27/2011 363-611-002 25 13290 287.64$ 10/25/2002 363-612-030 25 43404 97.54$ 8/14/2002 363-612-017 25 18982 287.64$ 7/18/2005 363-602-039 25 15032 287.64$ 9/23/2005 363-571-032 25 12619 287.64$ 1/0/1900 363-602-032 25 37234 216.00$ 12/13/2007 363-571-031 25 38609 71.64$ 10/2/2012 363-630-008 25 37281 162.64$ 6/6/2003 363-571-023 25 44947 117.18$ 2/13/2004 363-662-018 25 43724 373.07$ 4/9/2009 363-590-005 25 36290 287.64$ 6/30/2015 363-630-025 25 25223 287.64$ 12/12/2007 363-563-005 25 34708 137.64$ 2/14/2012 363-630-034 25 39920 35.71$ 4/17/2014 363-640-006 25 9775 216.00$ 1/19/2000 363-520-030 25 38342 70.26$ 4/8/2013 363-702-027 25 35095 72.00$ 11/12/2004 363-471-004 25 28182 47.00$ 6/30/2009 379-480-072 25 17893 100.00$ 1/11/2005 363-701-009 25 18105 72.00$ 2/4/2005 363-701-011 25 44081 144.00$ 9/29/2010 363-573-008 25 37741 253.57$ 2/26/2002 363-562-021 25 39619 287.64$ 9/23/2013 363-115-012 25 30286 287.64$ 6/13/2002 379-443-003 25 15627 287.64$ 12/31/2003 379-360-062 25 39954 287.64$ 9/25/2001 379-453-001 25 34481 287.64$ 1/12/2012 379-453-023 25 10214 72.00$ 6/16/2000 379-321-003 25 7201 287.64$ 3/31/2011 379-323-001 25 39459 28.00$ 10/30/2013 379-401-022 25 29301 72.00$ 7/14/2009 363-722-012 25 32999 144.00$ 5/31/2011 363-722-005 25 26448 287.64$ 6/29/2015 363-690-026 25 27111 72.00$ 12/26/2008 363-690-027 25 30261 287.64$ 10/28/1998 370-484-009 25 37292 142.82$ 7/16/2012 370-414-021 25 29607 216.00$ 7/27/2005 389-411-004 25 15320 65.14$ 10/21/2003 370-412-006 25 30515 94.00$ 6/17/2010 370-414-022 25 10435 64.64$ 8/31/2000 370-414-017 25 35464 72.00$ 7/9/2012 363-730-028 25 34525 144.00$ 10/24/2011 370-434-008 25 34917 318.69$ 4/10/2012 379-300-014 25 35109 287.64$ 10/22/2014 379-403-023 25 41098 116.00$ 5/30/2014 363-730-051 25 18129 72.00$ 3/18/2005 363-730-075 25 37851 287.64$ 6/4/2008 363-730-057 25 30908 72.00$ 9/10/2010 363-820-012 25 33961 72.00$ 2/25/2011 363-820-015 25 32981 287.64$ 6/22/2011 370-530-042 25 40781 63.86$ 6/27/2014 370-531-006 25 24803 287.64$ 9/4/2009 370-541-017 25 40916 287.64$ 7/26/2013 370-530-039 25 29452 287.64$ 2/16/2010 370-531-008 25 26845 287.64$ 10/27/2008 370-541-032 25 37333 129.35$ 5/29/2008 370-541-018 25 43726 171.05$ 5/1/2015 370-530-038 25 22183 137.64$ 8/30/2006 389-402-018 25 40765 287.64$ 7/31/2014 370-531-013 25 14184 70.00$ 1/0/1900 389-402-023 25 39360 287.64$ 5/18/2005 381-041-007 25 39346 287.64$ 8/1/2012 379-470-079 25 31974 287.64$ 9/28/2010 363-710-014 25 24831 287.64$ 3/7/2007 363-710-001 25 28031 287.64$ 6/11/2009 389-701-001 25 35708 120.76$ 6/29/2010 381-352-002 25 43925 19.21$ 6/17/2010 381-355-005 25 41451 144.00$ 10/23/2014 389-701-002 25 33370 287.64$ 12/30/2011 381-361-026 25 8128 259.28$ 10/13/1998 381-354-011 25 44406 193.78$ 7/13/2015 381-354-006 25 26246 216.00$ 8/18/2015 381-353-008 25 34005 72.00$ 6/1/2009 389-701-026 25 30171 287.64$ 2/16/2006 381-352-010 25 14056 287.64$ 2/3/2009 381-355-011 25 41037 24.92$ 2/26/2014 386-183-004 25 17247 287.64$ 10/6/2004 386-182-006 25 32932 37.64$ 2/17/2012 386-182-014 25 43983 216.00$ 8/9/2011 378-303-001 25 13535 72.00$ 11/19/2002 387-530-011 25 24531 287.64$ 8/27/2003 387-530-023 25 32354 287.64$ 4/15/2011 363-690-047 25 38234 97.45$ 6/18/2013 363-730-081 25 35223 257.81$ 11/29/2011 389-691-008 25 36201 72.00$ 4/10/2013 363-820-054 25 31261 283.86$ 11/18/2010 389-691-030 25 29560 287.64$ 3/15/2010 389-691-051 25 38343 70.00$ 1/12/2009 389-691-016 25 34850 287.64$ 7/12/2012 389-691-028 25 38641 100.24$ 11/5/2010 389-691-005 25 44448 259.80$ 6/26/2008 389-691-027 25 44459 213.51$ 5/26/2015 389-691-043 25 35024 287.64$ 7/30/2012 363-820-037 25 26348 54.64$ 11/23/2004 363-230-035 25 13966 64.11$ 3/7/2003 363-391-004 25 25995 287.64$ 5/31/1996 389-361-001 25 37782 32.11$ 4/19/2013 379-470-066 25 39457 287.64$ 10/16/2009 363-810-007 25 36406 72.00$ 10/29/2012 358-341-024 25 43419 347.38$ 6/10/2011 363-810-024 25 32413 44.64$ 4/8/2011 358-342-001 25 28763 106.23$ 10/20/2009 358-320-008 25 25162 237.64$ 12/18/2007 358-321-008 25 25213 287.64$ 12/21/2007 358-321-011 25 43486 300.07$ 12/22/2014 358-301-005 25 45334 17.36$ 12/7/2015 358-321-021 25 43802 79.57$ 4/13/2015 358-362-002 25 35874 216.00$ 8/17/2012 358-360-026 25 37023 72.00$ 1/30/2013 358-340-016 25 44492 178.79$ 7/29/2015 358-340-015 25 37848 144.00$ 4/12/2013 358-341-017 25 37090 72.00$ 12/19/2012 358-360-006 25 39496 100.00$ 1/0/1900 363-922-027 25 25260 287.64$ 12/28/2007 358-302-010 25 39728 216.00$ 12/16/2013 358-351-010 25 31173 287.64$ 11/1/2010 358-380-012 25 30683 72.00$ 11/18/2010 363-790-016 25 38420 70.00$ 6/12/2013 358-250-014 25 40337 287.64$ 1/23/2007 358-250-035 25 27560 287.64$ 4/3/2009 363-791-018 25 42257 144.00$ 6/19/2013 363-921-069 25 45116 122.57$ 10/26/2015 358-251-009 25 28651 287.64$ 11/20/2014 358-251-007 25 41490 287.64$ 9/8/2014 358-260-010 25 43751 281.16$ 4/3/2015 358-260-011 25 34349 216.00$ 12/28/2011 358-260-016 25 23007 287.64$ 12/15/2006 358-251-017 25 40448 144.00$ 5/19/2006 363-801-012 25 24660 100.00$ 9/7/2007 358-250-057 25 25165 72.00$ 12/17/2007 358-250-058 25 40443 72.00$ 4/11/2014 363-800-012 25 44961 152.55$ 10/28/2015 358-251-013 25 33463 144.00$ 5/7/2012 363-800-019 25 40784 264.76$ 3/19/2013 363-800-024 25 29078 287.64$ 9/15/2009 363-800-029 25 37388 287.64$ 9/14/2012 358-250-063 25 20019 66.00$ 12/16/2005 363-800-022 25 41069 144.00$ 6/26/2014 358-273-003 25 40391 72.00$ 3/25/2014 358-281-008 25 33522 287.64$ 9/24/2015 358-280-010 25 25711 216.00$ 4/22/2008 358-280-019 25 45027 142.30$ 10/1/2015 389-365-027 25 44322 230.46$ 4/3/2003 389-364-005 25 24725 287.64$ 9/21/2007 363-770-007 25 28653 172.10$ 9/16/2009 373-192-058 25 31137 287.64$ 7/30/2010 379-315-032 25 33339 287.64$ 11/16/2011 379-470-021 25 23747 287.64$ 7/18/2002 379-315-031 25 40247 144.00$ 3/14/2014 358-390-046 25 43410 235.80$ 6/27/2013 358-400-001 25 27962 66.00$ 3/27/2009 363-852-029 25 23675 24.66$ 2/8/2007 363-833-011 25 23673 12.57$ 3/15/2007 363-862-006 25 28164 287.64$ 6/30/2009 363-862-031 25 41889 168.00$ 4/25/2014 363-852-004 25 40803 134.12$ 6/23/2009 363-862-011 25 35423 287.64$ 6/7/2012 363-860-005 25 35358 287.64$ 5/24/2012 363-831-012 25 34063 31.50$ 11/1/2011 363-830-013 25 32179 287.64$ 3/10/2011 363-832-007 25 41270 287.64$ 5/5/2014 379-173-025 25 14285 287.64$ 8/30/2002 379-292-032 25 38961 94.59$ 9/10/2013 358-580-016 25 38710 287.64$ 8/8/2013 358-580-006 25 38845 94.29$ 8/21/2013 358-580-031 25 40594 72.00$ 5/7/2014 358-570-006 25 41558 71.64$ 9/9/2014 358-611-047 25 41991 287.64$ 1/8/2015 358-611-038 25 43964 72.00$ 5/5/2015 358-611-015 25 30124 144.00$ 12/8/2006 379-174-032 25 35859 144.00$ 8/8/2012 373-191-029 25 18739 287.64$ 6/23/2005 379-173-065 25 16385 72.00$ 7/28/2011 363-114-030 25 37045 108.00$ 9/21/2006 389-701-028 25 30935 72.00$ 9/14/2010 389-700-004 25 35348 67.64$ 4/19/2013 379-322-025 25 43725 78.24$ 11/21/2000 379-323-012 25 7615 144.00$ 9/6/2002 373-191-031 25 41577 24.00$ 4/16/2009 379-020-027 25 43803 480.13$ 9/14/2012 363-761-005 25 27681 287.64$ 4/16/2009 363-392-017 25 38886 146.14$ 8/30/2013 389-681-005 25 6706 72.00$ 4/23/2003 374-054-020 25 41096 287.28$ 6/9/2014 377-282-014 25 40807 72.00$ 2/8/2010 374-154-010 25 30939 287.64$ 8/27/2010 377-283-015 25 43363 258.39$ 1/30/2015 373-034-065 25 36939 287.64$ 2/18/2010 347-540-019 25 32819 287.64$ 5/27/2011 347-540-027 25 29638 287.64$ 4/26/2010 347-540-008 25 32215 215.64$ 3/29/2012 347-541-024 25 24467 287.64$ 7/31/2007 347-540-005 25 37303 84.62$ 12/7/2015 347-534-002 25 29679 34.00$ 9/28/2007 347-531-006 25 24374 287.64$ 7/11/2007 347-533-012 25 34412 287.64$ 10/1/1987 374-061-006 25 42423 332.39$ 3/28/2006 347-500-019 25 40264 72.00$ 3/10/2014 347-521-011 25 41084 309.84$ 8/14/2014 347-500-004 25 33864 353.47$ 3/31/2008 347-494-017 25 39607 287.64$ 2/14/2011 347-521-003 25 21807 287.64$ 7/14/2006 347-500-008 25 29191 287.64$ 2/13/2013 347-502-004 25 21676 287.64$ 6/28/2006 347-493-013 25 37833 112.64$ 3/25/2013 347-501-003 25 21711 216.00$ 6/8/2006 347-492-013 25 21695 287.64$ 6/29/2006 347-492-003 25 21697 38.24$ 6/1/2009 347-491-007 25 37374 72.36$ 3/6/2013 347-482-018 25 18664 573.57$ 5/31/2005 374-063-012 25 29673 389.45$ 3/26/2010 347-511-011 25 32509 287.64$ 3/31/2011 347-511-009 25 33256 172.00$ 7/6/2011 347-550-041 25 41572 72.00$ 3/25/2015 347-550-046 25 27748 287.44$ 3/31/2009 389-711-020 25 33368 143.84$ 8/30/2010 389-711-030 25 26387 287.64$ 8/15/2008 389-711-021 25 44339 211.80$ 3/16/2012 377-282-007 25 34147 97.00$ 1/12/2012 389-711-028 25 35485 287.64$ 6/19/2012 389-712-014 25 43488 303.21$ 5/3/2013 389-740-062 25 40815 286.48$ 11/16/2007 377-283-020 25 44641 72.00$ 8/11/2015 389-740-013 25 38022 70.32$ 5/23/2013 363-362-019 25 40997 143.64$ 9/13/2013 347-440-009 25 31356 83.80$ 11/30/2010 347-460-021 25 29370 287.64$ 11/16/2009 347-453-021 25 26317 72.00$ 7/24/2008 347-471-002 25 28448 72.00$ 8/18/2009 347-470-013 25 30745 144.00$ 8/12/2010 347-462-016 25 39953 216.00$ 4/5/2013 347-453-024 25 36582 37.64$ 4/19/2013 347-440-041 25 35243 215.64$ 5/8/2012 347-453-011 25 40671 132.64$ 1/30/2013 347-470-014 25 41128 287.64$ 2/18/2014 347-450-029 25 32322 144.00$ 3/26/2010 347-450-005 25 41159 115.74$ 7/21/2014 347-440-039 25 27450 287.64$ 2/20/2009 347-453-027 25 28102 287.64$ 6/12/2009 347-470-006 25 44978 144.66$ 11/25/2009 347-440-003 25 28411 216.00$ 8/11/2009 347-470-003 25 39917 80.52$ 7/7/2010 347-471-018 25 42349 241.98$ 11/28/2012 347-450-016 25 30027 71.64$ 6/13/2014 363-365-018 25 41986 148.69$ 11/3/2014 363-392-021 25 35163 237.64$ 2/27/2012 363-513-009 25 30412 287.64$ 6/5/2009 363-421-034 25 9354 502.56$ 11/30/1999 363-391-071 25 27315 87.64$ 1/22/2009 363-362-008 25 18998 287.64$ 7/18/2005 363-365-020 25 3426 34.95$ 12/18/2014 379-382-037 25 41762 213.09$ 3/5/2010 363-362-014 25 16455 123.59$ 6/7/2004 377-242-003 25 36487 287.64$ 11/6/2012 379-381-048 25 32021 72.00$ 1/20/2012 379-382-036 25 45285 72.00$ 11/5/2015 349-600-006 25 44040 171.84$ 5/11/2015 349-600-005 25 24482 96.00$ 8/3/2007 349-551-017 25 44265 144.36$ 6/22/2007 349-561-014 25 34629 287.64$ 2/7/2012 349-541-011 25 39657 116.00$ 11/3/2011 349-561-009 25 43689 208.96$ 12/26/2013 349-610-013 25 35875 37.77$ 8/14/2012 349-560-025 25 25574 287.64$ 2/29/2008 349-571-011 25 35889 72.00$ 8/16/2012 349-561-003 25 25390 287.64$ 1/30/2008 349-560-023 25 32141 136.11$ 4/26/2012 349-561-002 25 24258 287.64$ 6/26/2007 349-550-015 25 24870 287.64$ 10/25/2007 349-560-022 25 43830 64.00$ 8/28/2014 349-562-006 25 45204 72.00$ 9/21/2007 349-571-014 25 25599 287.64$ 3/7/2008 349-562-007 25 25154 430.92$ 12/14/2007 349-571-016 25 24117 287.64$ 5/22/2007 349-580-021 25 40348 76.14$ 9/20/2011 349-580-023 25 25171 275.80$ 12/9/2014 349-580-004 25 29702 287.64$ 3/31/2010 349-591-007 25 22837 287.64$ 11/9/2006 349-513-011 25 41605 144.00$ 9/18/2014 349-511-025 25 32242 287.64$ 3/18/2011 349-513-013 25 23321 287.64$ 1/12/2007 349-512-009 25 40915 274.29$ 6/19/2014 349-612-001 25 33555 216.00$ 8/25/2011 349-533-005 25 34208 235.56$ 6/26/2007 349-532-002 25 23016 166.00$ 12/15/2006 349-521-008 25 39370 99.02$ 6/17/2011 349-513-005 25 44611 204.04$ 7/21/2010 349-521-009 25 36807 287.64$ 2/1/2013 349-531-014 25 35911 424.29$ 8/11/2010 349-533-001 25 23081 287.64$ 12/22/2006 349-520-007 25 37839 72.00$ 6/14/2012 349-531-012 25 41235 97.09$ 11/16/2006 349-511-015 25 44550 118.55$ 11/16/2006 349-511-015 25 42372 144.00$ 3/1/2010 349-524-022 25 33345 135.82$ 4/30/2012 349-531-009 25 36650 65.64$ 1/28/2013 349-524-019 25 41507 287.64$ 2/26/2013 349-523-013 25 22857 287.64$ 11/16/2006 349-511-020 25 35686 274.29$ 7/18/2012 349-524-009 25 45135 18.15$ 11/9/2015 349-523-014 25 35624 287.64$ 7/11/2012 349-531-004 25 26926 37.64$ 11/7/2008 349-522-006 25 22747 72.00$ 11/9/2006 379-403-004 25 41447 287.64$ 8/27/2014 363-781-008 25 6164 58.00$ 3/1/1990 379-402-018 25 41877 287.64$ 11/20/1998 373-172-024 25 36655 34.23$ 12/30/2008 363-512-007 25 3187 72.00$ 8/11/1998 363-381-032 25 42191 71.64$ 4/2/2012 379-343-005 25 1117 207.75$ 6/26/2015 374-243-002 25 42143 72.00$ 11/21/2014 373-176-022 25 27204 287.64$ 8/28/2002 374-242-001 25 35121 66.32$ 6/18/2010 373-172-019 25 40756 71.64$ 10/4/2007 379-381-040 25 35620 168.49$ 4/19/2011 379-382-015 25 41324 287.64$ 5/21/2014 379-382-041 25 36066 287.64$ 11/27/2012 363-391-030 25 701 28.00$ 8/25/1993 379-382-005 25 9898 287.64$ 4/26/2000 363-382-019 25 26620 287.64$ 9/22/2008 363-421-045 25 44706 25.94$ 6/27/2005 363-781-022 25 21714 260.81$ 6/12/2015 374-142-024 25 40048 287.64$ 12/1/1970 374-141-016 25 36470 287.64$ 6/8/2004 363-391-029 25 40691 283.92$ 7/16/2014 379-461-001 25 29147 287.64$ 1/27/1999 373-182-027 25 35044 424.29$ 3/30/2012 373-181-011 25 31816 165.04$ 3/21/2003 363-450-024 25 35745 287.64$ 8/31/2012 363-414-004 25 45384 14.95$ 12/14/2015 349-471-023 25 7459 106.23$ 9/28/1995 389-612-005 25 1856 137.64$ 1/26/1996 389-621-002 25 41432 260.28$ 5/3/2002 389-612-012 25 33618 119.64$ 10/22/2010 379-173-051 25 41029 16.00$ 4/7/2011 389-611-009 25 40848 72.00$ 7/11/2013 379-174-045 25 25386 143.64$ 1/14/1999 373-185-026 25 27057 72.00$ 12/19/2008 379-174-059 25 38553 202.33$ 6/2/2014 373-221-035 25 26698 287.64$ 8/20/2008 379-171-079 25 7401 287.64$ 5/31/1991 363-461-005 25 5159 430.92$ 8/17/1995 363-511-005 25 19542 287.64$ 3/24/2000 363-402-005 25 28919 186.45$ 6/17/2009 379-361-035 25 29597 287.64$ 3/30/2010 374-182-008 25 15387 69.20$ 10/31/2003 373-185-030 25 38739 263.64$ 3/29/2013 379-360-028 25 29031 72.00$ 10/21/2009 379-361-022 25 44316 72.00$ 7/6/15 371-341-006 134,074.64$ Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-298 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 8) Page 1 City of Lake Elsinore Printed on 7/7/2016 Delinquent Weed Abatement On Tax Roll Page 1 of 1 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Nicole McCalmont Date:July 12, 2016 Subject:Approve Placing Delinquent Weed Abatement Charges on the Tax Roll Recommendation adopt A Resolution OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR WEED ABATEMENT COST RECOVERY AND DIRECT STAFF TO PLACE SPECIAL ASSESSMENTS AGAINST THE PROPERTIES LISTED IN THE ITEMIZED REPORT ON FILE WITH THE CITY CLERK'S OFFICE. Background At the regularly scheduled meeting on February 10, 2015, the City Council adopted Resolution No. 2015-011, declaring certain weeds, rubbish, refuse and dirt, a nuisance. Pursuant to Chapter 8.32; “Weed and Rubbish Abatement” of the Lake Elsinore Municipal Code, the City is required to adopt a resolution confirming the placement of delinquent charges for weed abatement on the tax roll. Discussion As of June 30, 2016, there are 179 parcels with an outstanding amount totaling $138,670.87 associated with the cost of abatement. Due to these delinquent accounts staff is requesting consideration for the outstanding charges to be placed on the property tax roll. If approved, these costs will be submitted to the County Tax Assessor’s Office for reimbursement. A list of delinquent properties abated by the City is available in the City Clerk's Office for review. Fiscal Impact Other than staff time, all costs associated with the abatement of these delinquent properties will be placed on the property tax rolls for payment. Exhibits A – Resolution B – Delinquent Accounts 1 County Fund No. 68-2354 RESOLUTION NO. 2016- _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR WEED ABATEMENT COST RECOVERY AND DIRECT STAFF TO PLACE SPECIAL ASSESSMENTS AGAINST THE PROPERTIES LISTED IN THE ITEMIZED REPORT ON FILE WITH THE CITY CLERK'S OFFICE. WHEREAS, the City Council of the City of Lake Elsinore, California, did undertake Weed Abatement pursuant to the Government Code of the State of California and Ordinance No. 532 of the City; and WHEREAS, a Public Hearing was held at which time each property was declared to be a Public Nuisance; and WHEREAS, thereafter said City did do certain work in connection with the Weed Abatement, and did thereafter submit an account and an itemized written report for each separate parcel of land required by Section 39574 of the Government Code of the State of California; and WHEREAS, no property owner appealed the abatement actions of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the cost of weed and rubbish abatement in front of or upon each parcel of land shall constitute a special assessment against that parcel of land in accordance with the provisions of the Government Code of the State of California and Ordinance No. 532 of the City of Lake Elsinore, California. SECTION 2. That an itemized report listing the cost for each separate parcel of land is affixed to the Resolution and made a part thereof by reference as set forth herein and identified as Exhibit "A" for Weed Abatement. That a certified copy of the Resolution together with Exhibit "A" hereto, shall be delivered to the Riverside County Auditor-Controller and shall be made a part of the tax assessment unless paid prior to filing, and be made part of the tax rolls, all in accordance with Sections 39578, 39579, 39580 and 39583 of the Government Code of the State of California and other provision of law applicable thereto. Said report is being filed with the County Auditor for the reason that the County Assessor and Tax Collector of said Riverside County perform the function of assessing property and collection of taxes of said City. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of July, 2016. Robert Magee, Mayor Pro Tem 2 County Fund No. 68-2354 ATTEST:APPROVED AS TO FORM: Susan M. Domen, MMC City Clerk Barbara Leibold City Attorney 3 County Fund No. 68-2354 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No.was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of July 12, 2016 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk County Fund No. 68-2354 RESOLUTION NO. 2016 - 0 WEED ABATEMENT City of Lake Elsinore 68-2354 179 $ 138,670.87 FUND NUMBER TOTAL ASSESSMENTS TOTAL CHARGE 68-2354 179 $138,670.87 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-299 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 9) Page 1 City of Lake Elsinore Printed on 7/7/2016 REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER D ATE: JULY 12, 2016 SUBJECT: AMENDMENT NO. 6 TO PROFESIONAL SERVICES AGREEMENT (PSA) WITH SUSTAINABLE CIVIL ENGINEERING SOLUTIONS (SCES) FOR FUNDING FISCAL YEAR 2016/2017 PLAN CHECK AND PROJECT MANAGEMENT /COORDINATION SERVICES Recommendation 1.Authorize the Mayor to execute Amendment No. 6 in an amount of $200,000, for plan check and project management/coordination services, funds to be appropriated from Fiscal Year 2016-17 budgeted Public Works Engineering Division Professional Services and Capital Improvement funds as appropriate. Background On June 11, 2013, Council approved a (PSA) in an amount not to exceed $ 300,000 with SCES for engineering plan check services. On May 27, 2014, the PSA was amended to allocate an additional $260,000 for project management services for a total contract amount of $560,000. A third amendment to the PSA was approved on June 23, 2015 giving the City Manager authority to extend the contract for two (2) more years on an annual basis. On June 30, 2016, Amendment No. 5 was issued, extending the contract for one (1) year. Discussion As specified in the PSA, SCES provides plan check services at the rate of 75% of the plan check fee collected; revisions to approved plans are billed at 80% of the fee collected by the City. Expedited plan check services are also available at a rate of 1.5 times the normal fee. This amendments provides $79,000 toward plan check services. AMENDMENT NO. 6 TO PSA WITH SCES JULY 12, 2016 Page 2 Currently project management and inter-agency coordination services revolve around these key projects: Railroad Canyon/I-15 Interchange ($40,000); Temescal Canyon Road Bridge Replacement ($54,000); Gunnerson Rehabilitation ($27,000). Increased land development and ongoing project management activity warranted the extension of SCES’ contract services for Fiscal Year 2016-17. Correspondingly, an additional appropriation to fund contract related activities is necessary. Fiscal Impact The appropriations to fund Fiscal Year 2016-17 contract activities in the total sum of $200,000 will be funded within budget constraints from the Engineering Division’s Professional Services Annual Budget and programmed funds in the FY2016-17 Capital Improvement Plan budget. Prepared by: Brad Fagrell, P.E. City Engineer Approved by: Grant Yates City Manager Jason Simpson Assistant City Manager/Director of Administrative Services Attachments: Attachment “A” – SCES – Sixth Amendment to Professional Services Agreement between the City of Lake Elsinore and Sustainable Civil Engineering Solutions Attachment “B” – SCES Original Agreement for Professional Services dated June 27, 2013 AMENDMENT No. 6 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND SUSTAINABLE CIVIL ENGINEERING SOLUTIONS THIS AMENDMENT No. 6 is made and entered into as of July 12, 2016 by and between the City of Lake Elsinore ("City”) a municipal corporation, and Sustainable Civil Engineering Solutions ("Consultant"). Inconsideration of the mutual covenants and conditions set forth herein, the parties agree asfollows: 1.ThisAmendment ismadewith the respecttothefollowing facts and purposes: •On June 27, 2013 the City and Consultant entered into that certain agreement entitled"Cityof LakeElsinorefor Professional Services", inthe amount of$300,000. •On May 27, 2014, the PSA was amended to allocate an additional $260,000 for project management services for a total contract amount of $560,000. •A third amendment to the PSA was approved on June 23, 2015 giving the City Manager authority to extend the contract for two (2) more years on an annual basis. •On June 30, 2016, Amendment No. 5 was issued, extending the contract for one (1) year. 2.The parties nowdesire to increase the paymentfor services inthe amount of $200,000 to $760,000 andamendtheAgreement as set forth in this Amendment No. 6. 3.Section 3. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed a total of $200,000 (Two Hundred Thousand Dollars and no cents) for the Fifth Amendment bringing the total agreement amount of $760,000 (Seven Hundred Sixty Thousand Dollars and no Cents). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. 4.Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain infullforce and effect. IN WITNESSWHEREOF, the parties have caused this Amendment No.6 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE,a municipal corporation “CONSULTANT” SustainableCivil Engineering Solutions, Inc. Grant Yates, City Manager Ati Eskandari, P.E., Principal SustainableCivil Engineering Solutions, Inc. Date:Date:_ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A – Original Agreement and Prior Amendments AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement")is made and entered into as of the 2.L day of Ju J:U.,, , 2013, by and between the City of Lake Elsinore, a municipal corporation ("City") and Sustainable Civil Engineering Solutions, Inc ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional Engineering Department Plan Check Services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of three (3) years, subject to annual review by the City Council. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. And in no event shall Consultant's compensation exceed $300,000.00 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City requests that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services Professional Services Agreement 08126/10 EXHIBIT B EXHIBIT B 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Professional Services Agreement 2 08126110 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b . possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) Professional Services Agreement 3 08126110 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of business license. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. !Jrotessional Services Agreement 4 08/26/10 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:Vll and shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. Professional Services Agreement 5 08/26/10 d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: If to Consultant: City of Lake Elsinore Attn: Ken Seumalo 130 South Main Street Lake Elsinore, CA 92530 Ati Eskandari SCES 1875 California Ave Corona, CA 92881 7. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Professional Services Agreement 6 08/26/I 0 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. 27. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. Professional Services Agreement 7 08/26/10 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: Attachments: Exhibit A -Scope of Services Exhibit B -Fee Schedule Professional Services Agreement " Business License# ________ _ ATli ST: 8 08/26/10 ProfServAgint.40 ! 4.000 EXHIBIT"A" SCOPE OF SERVICES EXHIBIT" A" -Page I 09/08/98 Ill. SCOPE OF WORK Scope of work is to provide As Needed, On-Call Plan Checking Engineering Services to the City Public Works Department, Engineering Division in accordance with all provisions within this RFP. These services will be on an intermittent basis. The scope of work includes engineering review and check for correctness of plans, design calculations and technical specifications related to materials for proposed improvements, development of correction lists, transmittal of correction lists to the Applicant and status updates to the City. Key resource will be latest edition of City of Lake Elsinore Engineering Design Guidelines Manual and Standard Drawings for the preparation and checking of Improvement plans, Drainage, and Grading Plans within Lake Elsinore. Meetings with the applicant may or may not be required at the option of the City and will be determined on a case by case basis. Upon approval of the submitted plans, the firm will certify in writing that the design is in substantial compliance with applicable local, state and federal requirements. Ultimate responsibility for errors and/or omissions of plans and specifications will continue to rest with the originating design firm, not the Consultant for plan checking or the City. The selected firm(s) may assist the City with various engineering assignments including but not limited to: 1. Plan Checking Services for Private Development Projects • Street and Storm Drain Improvements • Grading, Erosion Control and/or Drainage Plans • Construction Detour Plans • Striping and Signing Plans • Bridge or Retaining Wall Structures not under Building Permit purview • Consistency with other planned improvements • Final and Parcel Maps • Easement, Dedications • Vacations, Quitclaims • Lot Line Adjustments • Parcel Mergers • Water Quality Management Plans 2. Review of Plan Check Submittal Items and Reports • Road Structural Section Calculations • Hydrology and Hydraulic Calculations and Reports • Street Layout and Design • Structure Calculations not under Building Permit purview • Traffic Reports or Studies • Quantity Estimates • Engineer's Cost Estimates • Soils/Geological Reports • Compliance With Current NPDES Permits 3. Review of Technical Specifications for Proposed Improvements in City Road Right of Way • Road Structural Section components • Trench backfill and restoration • Storm Drain line and appurtenances • Traffic Signal components • Signing and Striping 4. Work Flow Methodology • Review for completeness of submittals • Document submittal deficiencies and advise the City as necessary • Identify any additional reference materials required for a thorough plan check such as related offsite improvement plans, studies or reports. • Conduct site visit as necessary. 5. Provide other Engineering and/or Transportation related professional services as requested in the areas of Plan Checking and/or Development Review technical support. 6. Plan Check Time Initial Submittal - • For typical small private development projects with less than five plan sheets a maximum ten (10) business day turn around time is expected. • For larger more complex projects with six or more plan sheets a maximum fifteen (15) business day turn around time is expected. Subsequent Submittals I Resubmittals - • For typical small private development projects with less than five plan sheets a maximum five (5) business day turn around time is expected. • For larger more complex projects with 6 or more plan sheets a maximum ten (10) business day turn around time is expected. Turn around time will be considered to start the date when the submittal has been received by the Consultant. End time will be considered the date that the plan check comment letter is sent out to the applicant. Receipt may include hard copy or electronic mail copy. Details on procedures will be negotiated with the Consultant. Provide a "Fast Track" expedited on demand review time between 3 to 5 business days depending on complexity of project. 7. Design/Plan Check Criteria and Standards • Attachment B includes this information Suggestions by Consultant of recommended changes to current plan check policies, procedures and guidelines should be made to the City as needed to facilitate the work flow efficiency of both the City/Consultant as well as clear understanding by the private development community. 8. Fees Consultant shall fill in fully burdened rate fees for various plan check types using the form in Attachment A. The City will not pay "costs". 9. Final Submission -Mylar submission to City Hall 10. Develop Check List -consultant shall review and within first year, evaluate and as needed make recommendations to improve current Engineering Plan Check Criteria and Checklists. ProfScrvAgmt.4014.000 EXHIBIT"B" SCHEDULE OF CHARGES EXHIBIT "B" -Page I 09/08/98 100 Cubic Yards or Less: $200.20 101 -1,000 Cubic $220.00 for the first 100 cubic yards, plus Yarns $50.00 for each additional 100 cubic yards or fraction thereofx 91 % 1,001-10,000 Cubic $670.00 for the first 1,000 cubic yards, Yards: plus $50.00 for each additional 1,000 cubic yards or fraction thereof x 91 % 10,001 -100,000 Cubic $1,120.00 for the first 10,000 cubic yards, Yards: plus $190.00 for each additional 10,000 cubic yards or fraction thereof x 91 % 100,001 -400,000 $2,830.00 for the first 100,000 cubic Cubic Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereofx 91% Over 400,000 Cubic $6,130.00 for the first 400,000 cubic Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereofx 91% REVISIONS to $450.00 per sheet approved plans 75% of City's fees 75% of City's fees 75% of City's fees 75% of City's fees 75% of City's fees 75% of City's fees 80% of City's fees Per sheet charge of $_150.00 will be required on each subsequent plan submittal over four (4) for plan check. Fast Track performance fees shall be _1.5 times those shown above. Revised or Redesigned $450 per sheet 80% of City's fees Public Works Improvement Plans Traffic Signing & Striping, $450 per sheet 80% of City's foes Traffic Control, Haul Route Plans (as part of improvement plan set) Traffic Control as part of Per hour rate for $145 per hour encroachment permit review time application (l lxl7) Public Works 7.5% 75% of City's fees Improvement Plans-Based on En ineer' s Estimate Additional per sheet charge of $_150.00 will be required on each subsequent bond copy plan re-submittal over four ( 4) the above may be made on the fifth submittal for plan check. (Mylar submittal is included in the initial fee.) Fast Track performance fees shall be _1.5 times those shown above. Fast Track is expedited, on demand with turn around time between 3 to 5 business days. Final Tract Map $1,700 + $55 per 80% of City's fees $1,600 + $45 per 80% of City's fees -------l="'R:;;:OO=::i'e"'s"'1gn~e;;do;:;I"r"°ac"'v;;P~ar"°c"°e"l"M3Ds''°-;=a=p"°s"in==l=:-$:;;4r;3i:;;O;=p=e=r"'s;=e=e°"t ==t-=====.<go"'-%°"o=o=;fo;C'ffV"1ty~'s'=E"'e°"'es======!---------· Process Parcel Map Revised Approved Tract/Parcel Maps Lot Line Adjustments-Two Lots n1 Lot Line Adjustment-More than two lots Dedication: Easement, Right of Certificate -of Compliance Parcel Merger Street Abandonment/Vacation $450 per sheet $400 $500 + $55 per lot $440 $450 $400 t$25 per IOt $1,100 80% of City's fees 80% of City's fees 80% of City's fees 80% of City's fees 80% of City's fees 80% of City's fees 80% of City's fees Certificate of Correction $450 80% of City's fees ·---"- Water Quality Management Plan $1,750.00 90% of City's fees (WQMP) Review. PRELIMINARY Water Quality Management Plan $1,750.00 90% of City's fees (WQMP) Review -FINAL Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-300 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 10) Page 1 City of Lake Elsinore Printed on 7/7/2016 Rosetta Canyon Bike Lane Striping Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared By: Chase Keys, E.I.T., Engineering Consultant Date:July 12, 2016 Subject:Award of Public Works Construction Agreement for the Rosetta Canyon Bike Lanes Striping Project, Project No. Z10029 Recommendation 1.Award the Public Works Construction Agreement for the Rosetta Canyon Bike Lanes Striping Project to Cal Stripe, Inc. 2.Approve and authorize the City Manager to execute the Agreement in the amount of $66,747.50 to Cal Stripe, Inc. in substantially the form attached and in such final form as approved by the City Attorney. 3.Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $10,012 for adjustment in bid quantities. 4.Authorize the City Engineer to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City’s maintained system. Background On April 29, 2016, a Notice Inviting Bids was posted for the Rosetta Canyon Bike Lanes Striping Project. Contractor bids were solicited and received on May 19, 2016, at 2:00 p.m. This project is to provide bicycle lanes along Rosetta Canyon Drive and Ardenwood Way. Discussion Contractor bids were opened publicly on May 19, 2016, at 2:00 p.m. The City received four (4) bids from qualified contractors. No irregularities existed within the bid provided by Cal Stripe, Inc. The bid results are summarized below: Rosetta Canyon Bike Lane Striping Page 2 of 2 Contractor (Bidder)Location Bid Amount 1.Cal Stripe, Inc San Bernardino, CA $66,747.50 2.Superior Pavement Markings Cypress, CA $77,965.40 3.Chrisp Company Bloomington, CA $81,116.20 4.J&S Striping Company, Inc.Ontario, CA $89,402.23 Staff tabulated and verified all bids, reviewed available references, and determined Cal Stripe, Inc. to be the lowest responsible bidder. The project is expected to begin construction in August 2016, with substantial completion in September 2016. Fiscal Impact This project is included in the City’s adopted FY 2015-2019 Capital Improvement Plan and will be funded by Gas Tax and SB 821 grant funding. Sufficient funds are available to complete the project. Exhibits A – Agreement B – Bid Proposal @BCL@94052488 Page 1 AGREEMENT FOR PUBLIC WORKS CONSTRUCTION CAL STRIPE, INC. ROSETTA CANYON BIKE LANE STRIPING This Agreement for Public Works Construction (“Agreement”) is made and entered into as of July 26, 2016 by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Cal Stripe, Inc., a Corporation. ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1.The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as: This Project provides bicycle facilities on Rosetta Canyon Drive - Central to Sunsprite, as well as Ardenwood Way - Central to Rosetta Canyon (the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Albert A. Webb Associates, are identified as: Rosetta Canyon Drive – Signing & Striping Plans and Traffic Signal Modification The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein. 2.Compensation. a.For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being Sixty-Six Thousand Seven Hundred Forty-Seven Dollars and Fifty Cents ($66,747.50). b.City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. c.Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all Page 2 obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3.Completion of Work. a.Contractor shall perform and complete all work within Thirty (30) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b.All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. c.Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d.City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred dollars ($500.00) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4.Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; Page 3 b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The Director of Public Works is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5.Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6.Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7.Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8.Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 4 9.Insurance Requirements. a.Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies. i.Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii.Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii.Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv.Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v.Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which Page 5 may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b.Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i.The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii.This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii.This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv.The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi.The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d.Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 10.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed Page 6 to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to:City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor:Cal Stripe, Inc Attn: Adam Lippa 375 South G Street San Bernardino, CA 92410 11.Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12.Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13.Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 17.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. Page 7 18.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19.Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The Director of Public Works shall act as the Project administrator on behalf of the City. 20.Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21.Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22.Prevailing Wages. a.Contractor and all subcontractors shall adhereto the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b.Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. Page 8 c.Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d.Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e.Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONTRACTOR” Cal Stripe, Inc., a Corporation By:_____________________ Its:_____________________ By:_____________________ Its:_____________________ Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-289 Agenda Date: 7/12/2016 Status: Approval FinalVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 11) Page 1 City of Lake Elsinore Printed on 7/7/2016 REPORT TO SUCCESSOR AGENCY To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Jason Simpson, Assistant City Manager Date:July 12, 2016 Subject:Resolutions Confirming Fiscal Year 2016-17 Special Taxes for Community Facilities Districts and Assessment Districts CFD 88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) CFD 95-1(LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS) CFD 98-1(SUMMERHILL PUBLIC IMPROVEMENTS) CFD 2003-1 (LAW ENFORCEMENT,FIRE AND PARAMEDIC SERVICES) CFD 2003-2 (CANYON HILLS) CFD 2003-2 (FIRE TAX) CFD 2004-3 (ROSETTA CANYON) CFD 2005-1 (SERENITY) CFD 2005-2 (ALBERHILL RANCH) CFD 2005-4 (LAKEVIEW VILLAS) CFD 2005-5 (VILLAGES AT WASSON CANYON) CFD 2005-6 (CITY CENTER TOWNHOMES) CFD 2006-1 (SUMMERLY) CFD 2006- 2 (VISCAYA) CFD 2006-3 (LA STRADA) CFD 2006-4 (TRACTS 30698 AND 32129) CFD 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) CFD 2006-6 (TESSERA) CFD 2006-8 (RUNNING DEER ESTATES) CFD 2007-1(LAW ENFORCEMENT,FIRE AND PARAMEDIC SERVICES) CFD 2007-4 (MAKENNA COURT) CFD 2007-5 (RED KITE) CFD 2007-6 (HOLIDAY INN EXPRESS) CFD 2009-1(PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE) AD 93-1 (COTTONWOOD HILLS) Resolutions Confirming FY2016-17 Special Taxes July 12, 2016 Page 2 Recommendation 1. Adopt RESOLUTION NO. 2016-___ A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW FOR FISCAL YEAR 2016-17 2.Adopt RESOLUTION NO. 2016-___ A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO. 93-1 (COTTONWOOD HILLS) FOR FISCAL YEAR 2016-17 Background The City is required by the County of Riverside to provide a certified Resolution to the Auditor/Controller's office each year to confirm the special tax and assessment levies within each Community Facilities District (CFD) and Assessment District (AD) for the annual property tax roll. Discussion The FY 2016-17 budgets for each CFD and AD are comprised of bond debt service payments, administrative costs, service costs and/or collection for construction of future facilities. In addition, for those CFDs that have bond debt, the Mello-Roos Act authorizes the increase of the CFD tax up 10% for projected futures delinquencies. In order to make sure funds are available to pay the required bond debt service payment on the bonds, the levy for each CFD with bond debt has been increased based on the anticipated property tax delinquency rate within each respective CFD. The table on the following page shows the annual levy amount needed for each district to cover district obligations for FY 2016-17: Resolutions Confirming FY2016-17 Special Taxes July 12, 2016 Page 3 CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICTS PRELIMINARY SUMMARY OF FIXED CHARGES FOR FISCAL YEAR 2016-17 County Levied Preliminary District Name Fund No.Parcels FY 2016-17 Levy CFD 88-3 West Lake Elsinore 68-2367 2,121 $ 2,504,717.11 CFD 95-1 Civic Center 68-2372 7 $ 157,432.53 CFD 98-1 Summerhill 68-2366 421 $ 1,139,170.97 CFD 2003-1S Law, Fire, Paramedic 68-2352 6,130 $ 2,395,812.36 CFD 2003-2A Canyon Hills Imp. A 68-8709 599 $ 856,079.93 CFD 2003-2B Canyon Hills Imp. B 68-8710 807 $ 1,746,246.14 CFD 2003-2C Canyon Hills Imp. C 68-8711 440 $ 742,383.35 CFD 2003-2D Canyon Hills Imp. D 68-8712 637 $ 1,686,074.98 CFD 2003-2S Fire Tax 68-8713 78 $ 390,000.00 CFD 2004-3-1 Rosetta Canyon Imp. 1 68-8714 509 $ 1,506,638.35 CFD 2004-3-2 Rosetta Canyon Imp. 2 68-8715 522 $ 1,680,863.46 CFD 2005-1 Serenity 68-8701 233 $ 664,409.18 CFD 2005-2A Alberhill Ranch Imp. A 68-8716 442 $ 1,390,648.91 CFD 2005-2S Alberhill Ranch Services 68-8719 442 $ 132,997.80 CFD 2005-4 Lakeview Villas 68-8703 21 $ 10,500.00 CFD 2005-5 Wasson Canyon 68-8708 190 $ 262,176.14 CFD 2005-5S Wasson Canyon Services 68-8721 190 $ 57,171.00 CFD 2005-6 City Center Townhomes 68-4400 144 $ 218,566.06 CFD 2006-1A Summerly Imp. A 68-8722 214 $ 225,878.43 CFD 2006-1B Summerly Imp. B 68-8723 182 $ 165,972.90 CFD 2006-1CC Summerly Imp. CC 68-8724 142 $ 137,387.88 CFD 2006-1FF Summerly Imp. FF 68-8727 142 $ 7,687.88 CFD 2006-1S Summerly Services 68-8725 560 $ 168,481.60 CFD 2006-2 Viscaya 68-8705 168 $ 444,843.76 CFD 2006-2S Viscaya Services 68-8726 168 $ 50,544.48 CFD 2006-3 La Strada 68-8706 128 $ 10,500.00 CFD 2006-4 Clurman 68-8728 158 $ 10,500.00 CFD 2006-5S Parks, Open Space, SD 68-8707 171 $ 81,534.36 CFD 2006-6 Tessera 68-8730 1 $ 10,500.00 CFD 2006-8 Running Deer Estates 68-8732 2 $ 10,500.00 CFD 2007-1S Law, Fire, Paramedic 68-8738 113 $ 83,769.10 CFD 2007-4 Makenna Court 68-8739 6 $ 10,500.00 CFD 2007-5 Red Kite 68-8741 5 $ 15,000.00 CFD 2007-5S Red Kite Services 68-8742 5 $ 1,504.40 CFD 2007-6 Holiday Inn Express 68-8743 1 $ 5,858.46 CFD 2009-1S Parks, OS, St. Lt.68-8744 1,313 $ 489,013.72 Total:$19,471,865.24 Resolutions Confirming FY2016-17 Special Taxes July 12, 2016 Page 4 For CFD 2005-4, CFD 2006-3, CFD 2006-4, CFD 2006-6, CFD 2006-8, and CFD 2007-4 only administrative costs are being levied. Fiscal Impact There is no fiscal impact directly associated with this item. The County of Riverside requires the resolutions as confirmation for the special tax amounts so there is a paperwork trail for them. The special taxes have already been established by Ordinance to ensure the authority for assessment and collection as required by the investors and bondholders for the CFD and AD bond proceeds. The City charges administrative fees and an amount sufficient to cover direct costs as well as the required bond debt service principal and interest payments, as required by the bond indentures to the various special districts. Exhibits A -Resolution 2016-_____ B -Resolution 2016-______ RESOLUTION NO.2016-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW FOR FISCAL YEAR 2016-17 WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"),being Chapter 25 of the State of California Government Code for the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work, and to finance a portion of the costs of providing services, as applicable, in special tax districts designated as COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO.95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO.98-1 (SUMMERHILL PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO.2003-1 (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) COMMUNITY FACILITIES DISTRICT NO. 2003-2 (FIRE TAX) COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON) COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY) COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS) COMMUNITY FACILITIES DISTRICT NO. 2005-5 (WASSON CANYON) COMMUNITY FACILITIES DISTRICT NO.2005-6 (CITY CENTER TOWNHOMES) COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) COMMUNITY FACILITIES DISTRICT NO. 2006-2 (VISCAYA) City Council Resolution No.2016-_____ Page 2 of 9 COMMUNITY FACILITIES DISTRICT NO. 2006-3 (LA STRADA) COMMUNITY FACILITIES DISTRICT NO. 2006-4 (TRACTS 30698 & 32129) COMMUNITY FACILITIES DISTRICT NO.2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) COMMUNITITY FACILITIES DISTRICT NO. 2006-6 (TESSERA) COMMUNITY FACILITIES DISTRICT NO. 2006-8 (RUNNING DEER ESTATES) COMMUNITY FACILITIES DISTRICT NO.2007-1 (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) COMMUNITY FACILITIES DISTRICT NO. 2007-5 (RED KITE) COMMUNITY FACILITIES DISTRICT NO.2007-6 (HOLIDAY INN EXPRESS) COMMUNITY FACILITIES DISTRICT NO.2009-1 (PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE) (herein after referred to as the "CFD");and WHEREAS,Resolution No. 91-19 adopted on February 26, 1991,the "Resolution of Intention", Resolution No. 91-30 entitled "A Resolution of Special Election and Directing Recording of Notice of Special Tax Lien", adopted April 9, 1991;and Ordinance No. 913 entitled "An Ordinance of the City Council of the City of Lake Elsinore Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No. 88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS)",adopted April 23,1991;and WHEREAS,Resolution No. 95-68 adopted on October 10, 1995,the "Resolution of Intention", Resolution No. 95-78 entitled "A Resolution of Special Election and Directing Recording of Notice of Special Tax Lien", adopted November 14, 1995;and Ordinance No.1006 entitled "An Ordinance of the City Council of the City of Lake Elsinore Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No. 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)",adopted November 28,1995;and WHEREAS, Resolution No. 98-7 adopted on June 9, 1998, the "Resolution of Intention"; and Resolution No. 98-15 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, Establishing Community Facilities District No.98-1, Authorizing the Levy of a Special Tax Within Community Facilities District No. 98-1,and establishing an Appropriations Limit", adopted June 23, 1998;and City Council Resolution No.2016-_____ Page 3 of 9 WHEREAS, Resolution No. 2003-21 adopted on June 24, 2003,the "Resolution of Intention"; Resolution No. 2003-37 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2003-1 (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES), and Authorizing the Levy of a Special Tax Within said District", adopted August 12, 2003;and WHEREAS,Resolution No. 2003-50 adopted on October 14, 2003,the "Resolution of Intention";Resolution No. 2004-6 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills)", adopted January 13, 2004,and Ordinance No. 1114 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of a public safety special tax and a special tax" adopted January 13, 2004, Authorizing the Levy of a Special Tax Within Community Facilities District No. 2003-2 (CANYON HILLS), and establishing an Appropriations Limit", adopted June 23, 1998;and WHEREAS,Resolution No. 2004-77 adopted the "Resolution of Intention"on December 28, 2004; Resolution No. 2004-38 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2004-3 (ROSETTA CANYON)" adopted March 22, 2005, and Ordinance No.1148, Authorizing the Levy of a Special Tax adopted March 22, 2005;and WHEREAS, Resolution No. 2004-70 adopted the "Resolution of Intention",on December 14, 2004; Resolution No. 2005-10 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-1 (SERENITY)", adopted January 25, 2005, and Ordinance No. 1139, Authorizing the Levy of a Special Tax, adopted January 25, 2005;and WHEREAS,Resolution No. 2005-62 adopted the "Resolution of Intention"on July 12, 2005; Resolution No. 2005-138 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-2 (ALBERHILL RANCH)" adopted September 13, 2005, and Ordinance No.1163, Authorizing the Levy of a Special Tax adopted September 13, 2005;and WHEREAS,a Resolution entitled the "Resolution of Intention" was adopted on July 12, 2005; a Resolution entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-4 (LAKEVIEW VILLAS)"adopted September 13, 2005, and Ordinance No.1159, Authorizing the Levy of a Special Tax adopted September 13, 2005;and City Council Resolution No.2016-_____ Page 4 of 9 WHEREAS,Resolution No. 2005-54 adopted the "Resolution of Intention"on June 28, 2005; Resolution No. 2005-104 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-5 (WASSON CANYON)" adopted August 9, 2005, and Ordinance No.1156, Authorizing the Levy of a Special Tax adopted August 23, 2005;and WHEREAS,Resolution No. 2005-76 adopted the "Resolution of Intention"on July 26, 2005; Resolution No. 2005-141 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-6 (CITY CENTER TOWNHOMES)" adopted September 13, 2005, and Ordinance No.1164, Authorizing the Levy of a Special Tax adopted September 13, 2005;and WHEREAS,Resolution No. 2006-08 adopted the "Resolution of Intention"on January 24, 2006; Resolution No. 2006-30 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-1 (SUMMERLY)" adopted February 28, 2006, and Ordinance No.1171, Authorizing the Levy of a Special Tax adopted February 28, 2006;and WHEREAS,Resolution No. 2006-20 adopted the "Resolution of Intention"on February 9, 2006; Resolution No. 2006-52 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-2 (VISCAYA)"adopted April 25, 2006, and Ordinance No. 1177, Authorizing the Levy of a Special Tax adopted April 25, 2006;and WHEREAS,in City Resolution No. 2006-10 adopted the "Resolution of Intention" on January 24, 2006; City Resolution No. 2006-79 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No.2006-3 (LA STRADA)" adopted June 13, 2006, and Ordinance No.1182, Authorizing the Levy of a Special Tax adopted June 13, 2006;and WHEREAS,a Resolution was adopted titled "Resolution of Intention" in 2006; a Resolution entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2006-4 (TRACTS 30698 & 32129)" and an Ordinance Authorizing the Levy of a Special Tax;and WHEREAS, Resolution No. 2006-41 adopted the "Resolution of Intention",on March 28, 2006; Resolution No. 2006-56 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,Establishing City of Lake Elsinore Community Facilities District No. 2006-5 (PARKS,OPEN SPACE AND STORM DRAIN MAINTENANCE)", adopted May 9,2006, and Ordinance No.1179, Authorizing the Levy of a Special Tax, adopted May 9, 2006;and City Council Resolution No.2016-_____ Page 5 of 9 WHEREAS,Resolution No. 2006-95 adopted on June 27, 2006,the "Resolution of Intention"; a Resolution entitled "Resolution of Formation Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore Community Facilities District No. 2006-6 (TESSERA)",and Ordinance No. 1189 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of a public safety special tax and a special tax", Authorizing the Levy of a Special Tax Within Community Facilities District No. 2006-6 (TESSERA), and establishing an Appropriations Limit", adopted August 8, 2006;and WHEREAS,a Resolution entitled the "Resolution of Intention" adopted on October 10, 2006; a Resolution entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-8 (RUNNING DEER ESTATES)", adopted November 28,2006,Ordinance No. 1203; Authorizing the Levy of a Special Tax adopted November 28, 2006;and WHEREAS,Resolution No. 2007-75 adopted on May 22, 2007,the "Resolution of Intention"; a Resolution entitled "Resolution of Formation Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore Community Facilities District No. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)",and Ordinance No. 1227 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of a public safety special tax and a special tax", Authorizing the Levy of a Special Tax Within Community Facilities District No. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES);and WHEREAS,in Resolution No. 2007-156 adopted the "Resolution of Intention" on August 28, 2007; Resolution No. 2007-177 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007-4 (MAKENNA COURT)" adopted October 9, 2007, and Ordinance No. 1232, Authorizing the Levy of a Special Tax adopted October 9, 2007;and WHEREAS,Resolution No. 2007-198 adopted the "Resolution of Intention" on November 27, 2007; Resolution No. 2008-11 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007-5 (RED KITE)" adopted January 8, 2008, and Ordinance No. 1242, Authorizing the Levy of a Special Tax adopted January 8, 2008;and WHEREAS,Resolution No. 2007-205 adopted the "Resolution of Intention" on December 11, 2007; Resolution No. 2008-17 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No.2007- 6 (HOLIDAY INN EXPRESS)" adopted January 22, 2008, and Ordinance No.1244, Authorizing the Levy of a Special Tax adopted January 22, 2008;and City Council Resolution No.2016-_____ Page 7 of 9 WHEREAS,Resolution No.CC-2010-001 adopted the "Resolution of Intention" on January 12, 2010; Resolution No. 2010-007 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community FacilitiesDistrict No.2009- 1 (PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE)" adopted February 23, 2010, and Ordinance No. 2010-1273, Authorizing the Levy of a Special Tax adopted February 23, 2010;and WHEREAS,all special taxes in the CFD were levied without regard to property valuation. NOW, THEREFORE,the City Council of the City of Lake Elsinore,California, does hereby resolve as follows: SECTION 1.That the portion of the principal, interest and other costs related to the CFD due or coming due through June 30, 2017 be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A"(a summary of fixed charges). City Council Resolution No.2016-_____ Page 7 of 9 SECTION 2.That the properties to be so assessed and the related amounts are submitted via File Transfer Protocol (FTP) as requested by the Riverside County Auditor Controller, further identified as the following County Fund Numbers: Fund No. 68-2352 68-2366 68-2367 68-2372 68-4400 68-8701 68-8703 68-8705 68-8706 68-8707 68-8708 68-8709 68-8710 68-8711 68-8712 68-8713 68-8714 68-8715 68-8716 68-8719 68-8721 68-8722 68-8723 68-8724 68-8727 68-8725 68-8726 68-8728 68-8730 68-8732 68-8738 68-8739 68-8741 CFD No. 2003-1 98-1 88-3 95-1 2005-6 2005-1 2005-4 2006-2 2006-3 2006-5 2005-5 2003-2 IA-A 2003-2 lA-B 2003-2 IA-C 2003-2 IA-D 2003-2 Fire Tax 2004-3 IA-1 2004-3 IA-2 2005-2 lA-A 2005-2 Services Tax 2005-5 Services Tax 2006-1 lA-A 2006-1 lA-B 2006-1 IA CC 2006-1 IA FF 2006-1 Services Tax 2006-2 Services Tax 2006-4 2006-6 2006-8 2007-1 2007-4 2007-5 68-8742 68-8743 68-8744 2007-5 Services 2007-6 2009-1 City Council Resolution No.2016-_____ Page 8 of 9 SECTION 3. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of July, 2016. ROBERT E. MAGEE MAYOR PRO TEM ATTEST: SUSAN M. DOMEN, MMC CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE EXHIBIT "A" COMMUNITY FACILITIES DISTRICT SUMMARY OF FIXED CHARGES FISCAL YEAR 2016-17 County Levied Preliminary District Name Fund No.Parcels FY 2016-17 Levy CFD 88-3 West Lake Elsinore 68-2367 2,121 $ 2,504,717.11 CFD 95-1 Civic Center 68-2372 7 $ 157,432.53 CFD 98-1 Summerhill 68-2366 421 $ 1,139,170.97 CFD 2003-1S Law, Fire, Paramedic 68-2352 6,130 $ 2,395,812.36 CFD 2003-2A Canyon Hills Imp. A 68-8709 599 $ 856,079.93 CFD 2003-2B Canyon Hills Imp. B 68-8710 807 $ 1,746,246.14 CFD 2003-2C Canyon Hills Imp. C 68-8711 440 $ 742,383.35 CFD 2003-2D Canyon Hills Imp. D 68-8712 637 $ 1,686,074.98 CFD 2003-2S Fire Tax 68-8713 78 $ 390,000.00 CFD 2004-3-1 Rosetta Canyon Imp. 1 68-8714 509 $ 1,506,638.35 CFD 2004-3-2 Rosetta Canyon Imp. 2 68-8715 522 $ 1,680,863.46 CFD 2005-1 Serenity 68-8701 233 $ 664,409.18 CFD 2005-2A Alberhill Ranch Imp. A 68-8716 442 $ 1,390,648.91 CFD 2005-2S Alberhill Ranch Services 68-8719 442 $ 132,997.80 CFD 2005-4 Lakeview Villas 68-8703 21 $ 10,500.00 CFD 2005-5 Wasson Canyon 68-8708 190 $ 262,176.14 CFD 2005-5S Wasson Canyon Services 68-8721 190 $ 57,171.00 CFD 2005-6 City Center Townhomes 68-4400 144 $ 218,566.06 CFD 2006-1A Summerly Imp. A 68-8722 214 $ 225,878.43 CFD 2006-1B Summerly Imp. B 68-8723 182 $ 165,972.90 CFD 2006-1CC Summerly Imp. CC 68-8724 142 $ 137,387.88 CFD 2006-1FF Summerly Imp. FF 68-8727 142 $ 7,687.88 CFD 2006-1S Summerly Services 68-8725 560 $ 168,481.60 CFD 2006-2 Viscaya 68-8705 168 $ 444,843.76 CFD 2006-2S Viscaya Services 68-8726 168 $ 50,544.48 CFD 2006-3 La Strada 68-8706 128 $ 10,500.00 CFD 2006-4 Clurman 68-8728 158 $ 10,500.00 CFD 2006-5S Parks, Open Space, SD 68-8707 171 $ 81,534.36 CFD 2006-6 Tessera 68-8730 1 $ 10,500.00 CFD 2006-8 Running Deer Estates 68-8732 2 $ 10,500.00 CFD 2007-1S Law, Fire, Paramedic 68-8738 113 $ 83,769.10 CFD 2007-4 Makenna Court 68-8739 6 $ 10,500.00 CFD 2007-5 Red Kite 68-8741 5 $ 15,000.00 CFD 2007-5S Red Kite Services 68-8742 5 $ 1,504.40 CFD 2007-6 Holiday Inn Express 68-8743 1 $ 5,858.46 CFD 2009-1S Parks, OS, St. Lt.68-8744 1,313 $ 489,013.72 Total:$19,471,865.24 RESOLUTION NO.2016-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,CALIFORNIA,ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO. 93-1 (COTTONWOOD HILLS) FOR FISCAL YEAR 2016-17 WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore instituted and conducted proceedings under the terms and provisions of the Improvement Bond Act of 1915 and Municipal Improvement Act of 1913, being Division 10 and 12 of the State of California Streets and Highways Code, respectively, and for the construction of certain public works of improvements, together with appurtenances and appurtenant work in assessment districts designated as ASSESSMENT DISTRICT NO.93-1 (COTTONWOOD HILLS) (herein after referred to as the "Assessment District");and WHEREAS, all assessments in the Assessment District were levied without regard to property valuation. NOW ,THEREFORE, the City Council of the City of Lake Elsinore,California, does hereby resolve as follows: SECTION 1.That the portion of the principal, interest and other costs related to the Assessment District due or coming due through June 30, 2017 be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges). SECTION 2.That the properties to be so assessed and the related amounts are submitted via File Transfer Protocol (FTP) as requested by the Riverside County Auditor Controller, further identified as the following County Fund Numbers: Fund No. 68-2369 District No. AD 93-1 City Council Resolution No.2016-_____ Page 2 of 3 SECTION 3. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of July, 2016. ROBERT E. MAGEE MAYOR PRO TEM ATTEST: SUSAN M. DOMEN, MMC CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY City Council Resolution No.2016-_____ Page 3 of 3 CITY OF LAKE ELSINORE EXHIBIT "A" ASSESSMENT DISTRICT SUMMARY OF FIXED CHARGES FISCAL YEAR 2016-17 District County Fund Number Total Parcels FY 2016-17 Preliminary Levy AD 93-1 68-2369 2,030 $1,503,406.56